





. -fA 



\0o^ 









/l^:.^^^'^ 






■'■ \'<" 


t 


^^ '*. 


\%: 




^ ''', 



o' ,-i^ 












'-^^ 



^,0- 






:^^; 






^ .c\^ 















-^. a<^- 



•-^^ xS,.^?-; 









4. ; -t^- >? ; 



C- 



o-^ 



x"^' 







•^oo^ 



-^z ^is 



N"^:-^ 



x^^ -^^^ 












p^v 

^^<^, 



•C-S^ 



.-^ 



-N^ ..^'"^ . '^o. " ' ' ,0^^ c»^ '^^ '''<e« 






1 -^ c^ 

-■^o^ 



o- 























".j^ 


VV ■%^^' 




>^ 




■^oo^ 




./. "^ ^:^^ ^,£_ 


.^^ ■^^^. 



















.^' 








J- 


^^ 


\ 








N° 


O 






^, 


<, ^ ° 


:' 


"% 


4^ 








■^^ 


% 


o 









'' i I 


*^W 




^^ 


v^' 


? ■" 


x^^.. 


^^d' 




c^ 


,.^ 







&^ '^- 



A^' 



A^ 



x^>^.' 



^^.^ V^ 



/v 






'^^/'". > 







\> ^ ^ * " 



vOO 



^'«-' 






-:%. 



\\>' "1. 



•\ 



■^c.. 



..^'^ %, 









^A V 






\-^^. 



^ ,0-' 



c^ 



>.^ 



.= .^" 



0^ s^ ' '// 'c. 



V- x\'^ 



*-; 



.<;-^ '^, 







\°^. "^l 








,0 o 



« 

t 







-^-r 





CYCLOPEDIA OF 

Civil Government 



Embracing more than 

Eleven Hundred Titles Relating to the Citizen and the 

Government under which he lives. 



BY 



ELLSWORTH FOSTER, LL.B. 



" That which contributes most to pre- 
serve the State is to educate people 
with reference to the State." — Aristotle. 



CHICAGO, ILLINOIS: 
THE COLLEGE PUBLISHING COMPANY 



COPYRIGHT, 1908, BY 
ELLSWORTH FOSTER 



^UBRARY of OONGRtSSj 

1 tiii eooies Hecttivo* 

SEP ,25 W08 



.>f^ 



b 



^^ 



PREFACE 



There is scarcely an obligation of citizenship in a republic 
more imperative than a clear comprehension of the principles 
of government. The Federal Union is a gigantic corporation, 
in which control is exercised by representatives selected more 
or less carefully by its millions of members. This control, or 
government, can definitely extend no further than permitted 
by the multitude who delegate authority. In their hands is 
a sure and swift remedy for mismanagement and evil wrought 
by conscienceless directors, for the people who grant authority 
are privileged to cancel a commission when their judgment 
prompts them to do so. 

The ballot in the hands of an uninformed, heedless or 
prejudiced man or woman is a menace to orderly regula- 
tion of the nation's affairs. We need to study the complex- 
ities of our Government; we should know the quality of 
service expected of those who seek our commission to rule, 
and then should measure men by the standards our judg- 
ments impose; we should understand our personal relation to 
the great, powerful organization whose acts affect our welfare. 

This volume is designed to meet a demand for a reliable 
and authentic outline of every important department of the 
Government. Its topics are alphabetically arranged and pro- 
vided with numerous cross-references which bring into view 
various allied subjects. The space given to each topic is 
necessarily brief; it would have been a pleasure to deal more 
exhaustively with the subjects included, but such treatment 
would have greatly exceeded the limits possible in a work of 
ready reference and would have imposed a selling price much 
greater than the author wished to have placed upon this 



PREFACE 

book. The essential facts are here; they are as reliable as 
the best authorities could furnish, and the statistics are care- 
fully brought down to date. The features which it is hoped 
will appeal to readers are utility, range, conciseness, and 
authenticity. 

If the seeker for information pertaining to his Govern- 
ment can pick up this book with expectation and lay it down 
with satisfaction, the writer will feel repaid for the very many 
months of labor devoted to its preparation. 

E. F. 

September, 1908. 



CIVIL GOVERNMENT 



Abdication, a term which is in one sense a synonym for 
resignation. A person resigns from an office which he holds 
temporarily by the will of electors or an appointing power; 
one abdicates an office which he holds through hereditary 
descent. Abdication is a voluntary surrender, although as a 
preliminary, force may have been used to bring the official to 
an attitude favorable to the. relinquishment of his claim. A 
person who is forced by superior numbers from his hereditary 
place has a legal right to recover it, if possible; if he abdicates, 
he surrenders this right. 

Abolitionist, from the Latin aholitio, meaning an annulling; 
and from abolere, to check the growth. The terms abolition 
and abolitionist were first used in 1835 with the meaning and 
full political significance which clung to them until the close of 
the Civil War. However, abolition societies were organized 
in Pennsylvania in 1774, in New York in 1785, in Rhode Island 
in 1786, in Maryland in 1789, and before 1792 in several other 
States of the newly organized Union. The principles of the 
abolitionists developed with the growth of the slavery question, 
and by 1835 the name was generally understood to define that 
large body of citizens who were more intense than any other 
in their opposition to human slavery. Their creed was the 
immediate emancipation of the black race, no matter by what 
means it should be accomplished. They weakened what other- 
wise would have been a very strong position by declaring for 
the unconditional release of the negroes from bondage, and 
refusing to recognize the binding force of statutes legalizing 
traffic in human beings, ignoring even the plain provisions of 
the Constitution. This radical position alienated thousands 
of strong, conservative men who, while objecting to slavery, 
were persuaded that the end sought might be attained by 



Abrogation 2 Absolutism 

well-ordered and legal means. The feeling against the aboli- 
tionists in many places even in the North ran high at times, 
and riots provoked by them were frequent. In Illinois, in 1837, 
editor Elijah Lovejoy, a leading abolitionist, was mobbed and 
killed, and the next year a public building in Philadelphia 
was burned by opponents of the propaganda. From one point 
of view the abolitionists were in the end successful; their 
uncompromising attitude made slavery a political issue earlier 
than otherwise would have been the case and their intense 
devotion to the cause hastened, beyond doubt, the day of 
emancipation. The man who was best known among the 
abolitionists was William Lloyd Garrison, who, after being 
fined in a Baltimore court for publishing anti-slavery pamphlets, 
moved to Boston and established The Liberator, which became 
at once the national organ of the radical element. In this 
paper Garrison proclaimed the Constitution to be "a covenant 
with death and an agreement with hell," and declared for 
"no union with slaveholders." On such principles the anti- 
slavery societies fostered by the abolitionists were founded. 
Until the war was well under way these people were in favor 
of compelling the slave States to withdraw from the Union, 
if it could be accomplished peaceably, but when it was apparent 
that a bitter struggle was inevitable they became ardent sup- 
porters of the Federal policy. Among the prominent aboli- 
tionists, after their intrepid leader, were John Greenleaf Whit- 
tier, the Quaker poet; Wendell Phillips, the most eloquent 
orator before the war period; Gerrit Smith, philanthropist; 
and Lucretia Mott, a remarkably forciful speaker. 

Abrogation is the nullification of a law or rule through 
the adoption by the courts or enactment by legislation of a 
law or rule inconsistent therewith. The second and contrary 
legislation or court decision nullifies the first and acts in effect 
as a repeal. 

Absolute IVlonarchy. See Monarchy. 

Absolute Rights. See Natural Rights. 

Absolutism is the term applied to that type of government 
wherein the sovereign is not restrained in his acts by consti- 



Accidental President 3 Act 

tutional provisions. Another name is absolute monarchy. 
See Monarchy. 

Accidental President, a term applied to a Vice-President 
of the United States upon his accession to the Presidency 
through the death, resignation or removal of the President. 
The term was first applied to President John Tyler by political 
enemies, who sought by ridicule to weaken his administration. 
Besides Tyler, there have been four "accidental" Presidents, 
viz., Millard Fillmore, who succeeded Zachary Taylor in 1850; 
Andrew Johnson, the successor of Abraham Lincoln in 1865; 
Chester A. Arthur, who followed James A. Garfield in 1881; 
Theodore Roosevelt, who had been chosen Vice-President at 
the second election of President McKinley. The fact that five 
times in sixty years the Vice-President has become Chief 
Executive through the death of the President has led political 
parties which have hoped for success at the polls to choose as 
nominees for the second office men of proved ability and 
strength. Too frequently political expediency has governed 
the nominations for the Vice-Presidency. 

Acknowledgment, the vouching for the genuineness of a 
signature or an act; the formal declaration of an act before 
competent authority, to give it legal validity, as the acknowl- 
edgment of a deed. Acknowledgment may be taken before a 
Justice of the Peace or a Notary Public. A deed is binding upon 
the person who signs it, without acknowledgment, in the same 
sense that any contract is binding, but it cannot be recorded 
unless it has been properly acknowledged. In some States, 
however, the affidavit of a subscribing witness to the genuine- 
ness of a grantor's signature is accepted in place of the acknowl- 
edgment. Under the laws of possibly a majority of the States 
when a husband and wife execute a deed the law requires that 
the officer shall take the acknowledgment of the wife separate 
and apart from her husband. An instrument may be acknowl- 
edged on the day it is dated, or on any date thereafter. 

Act, the formal declaration or expression of the will of 
the people, as made by their representatives, acting in a legis- 
lative capacity; a bill after it has been passed by the law- 



Active Commerce 4 Adjournment 

making department of a government, either local or national, 
and has received Executive approval; a law passed by legisla- 
tive authority; a statute. The origin of the legal use of the 
word is in the acta of the Roman magistrates, or of their courts 
of law, meaning, what was done by the magistrates, or the 
record of public proceedings. 

Nearly all State Constitutions provide that acts shall 
become effective either sixty or ninety days after receiving the 
signature of the Executive, unless there is other express pro- 
vision in the act itself. Quite frequently one clause of an act 
states the time at which it shall become effective. 

A bill passed by the Legislative Department may become 
a law in three ways: first, by being signed by the Executive 
within ten days of its passage by that branch of the law-making 
body last voting upon it; second, by being passed over the 
Executive's veto, in which case the affirmative votes must equal 
two-thirds of the membership of each legislative branch — not 
a two-thirds vote of the members present; third, by a "pocket 
veto." (See Veto; Pocket Veto; Constitution, Article I, 
Section 7.) State and municipal governments follow closely 
the method above outlined. 

No act can be legal and constitutional if it embraces in 
its title more than one subject; neither can it be effective if not 
introduced by its enacting clause [q. v.]. See Bill. 

Active Commerce, a term signifying exports carried in 
ships owned in the nations producing the cargo. Therefore, 
if a nation's trade with other countries is carried by foreign 
vessels, it is said to have no active commerce; such a condition 
of trade is called passive commerce. 

Adjournment, a parliamentary term signifying termination 
of the session of a deliberative body. Adjournment may be 
taken to a specified future day or hour, or may be without date 
for reconvening. If the adjournment is from one hour to 
another of the same day, or from one day to another specified 
date, the interval is called a recess; if it is without date of 
reconvening, the adjournment is sine die. There is no power 
which can call again into existence a body which has adjourned 



Adjutant " 5 Administration 

sine die. In parliamentary practice there is no recorded in- 
stance of embarrassment resulting from this rule. 

Congress may not vote to adjourn except as both Houses 
may concur in the action; this provision of the Constitution 
is operative, however, only in cases where the proposed adjourn- 
ment of either House is for more than three days. Thus, 
either House may command the presence of the other, regardless 
of the disagreement of the two on matters of legislation. The 
President may by law name a date for the final adjournment 
of Congress, if agreement cannot be reached in the ordinary 
way. No President has yet been called upon to act in such 
emergency. 

Adjutant, a staff officer of a post, battalion, squadron or 
regiment, whose duty is to assist the commanding officer, of 
whatever rank, in the details of military work. The adjutant 
is appointed by the commanding officer, and he is engaged 
largely in training and disciplining his command. He is 
responsible for the proper keeping of all records and rosters 
of duty, for the receipt and distribution of orders from higher 
authorities, and for the issuance of all orders of his commanding 
officer. The adjutant is in effect the secretary of his com- 
mander. 

Administration. The term in its fullest sense includes 
[a] the period of time during which one set of executive officers 
has the direction or oversight of public affairs; [b] the persons 
collectively composing said executive department; [c] the offi- 
cial acts of these persons during their tenure of office. A 
national administration continues four years, the time for 
which the President is elected; in municipal affairs, usually 
one year, or the term of the Mayor; in the State, one, two or 
four years, as may be provided in the Constitution for the term 
of the Governor. 

The word has a lesser significance in the cases of receivers, 
administrators and other appointees to minor positions. See 
Receiver; Administrator. 

Administrations of the United States. For the officers 
of the different administrations, since the foundation of the 



Administrator 6 Admiral 

Government, and the functions of each, see the various de- 
partments, in alphabetical order. 

Administrator, [a] one who manages affairs of any kind 
in a public way; [b] a person lawfully appointed by a court to 
manage and settle the estate of a person who dies leaving no 
will, or of a person who dies leaving a will but with no com- 
petent executor to carry it into effect. The administrator of 
an estate is usually selected from the near relatives or friends 
of the deceased. Administrators are placed under bond for 
the faithful performance of the duties laid upon them, and are 
responsible only to the court from which the appointment and 
authority issue. 

A person is administrator of an estate, executor of a will, 
or receiver of a business firm. The three terms are practically 
synonymous. See Executor; Public Administrator. 

Administratrix, a female administrator; a form of the 
word sometimes used is administratress. Administratrice is an 
old spelling, now obsolete. For the duties of this officer, see 
Administrator. 

Admiral. The word admiral is of Arabic origin; it was, 
introduced into Europe during the Crusades and adopted 
readily by every maritime nation. The term signifies the office 
of highest naval rank, and appointment to the position is for 
life. In the United States and Great Britain there are three 
grades of Admirals — the Admiral, the Vice-Admiral and the 
Rear- Admiral; the second and third are discussed in this work 
in their alphabetical order. No authority for the appointment 
of an Admiral in the service of the United States was voted by 
Congress until 1864, when it was desired to honor Commodore 
Farragut. At his death David Portet, then Vice-Admiral, was 
named as Admiral. When he died in 1890, the grade lapsed 
until 1899, when through the fortunes of war Commodore George 
Dewey was named a Rear- Admiral and elevated within a month 
thereafter to the highest grade. The Admiral's flag, a rec- 
tangular blue field with four white stars, is always displayed at 
the mainmast of any vessel on which he may be stationed. 
The office pays a salary of $13,500 per year, whether duty is 



Admiralty 7 Admiralty Laws 

on shore or at sea. The officer of land forces of the same rank 
as Admiral is General of the Army. Both of these offices are 
of such exalted rank that the honors attending them are 
reserved for the very few men whose deeds of valor unmistakably 
entitle them to distinction. See Navy of the United States; 
Comparative Rank in Army and Navy. 

Admiralty, the name given to a court jurisdiction which 
takes cognizance of suits or actions, either civil or criminal, 
which arise in consequence of acts committed upon the seas, or 
suits or actions relating to the seas. Such jurisdiction extends 
also to all other public waters, which include lakes and navigable 
rivers. 

Admiralty Court, the court having jurisdiction in admiralty 
cases. In the United States admiralty powers are vested in 
the United States District Court. Appeals may be taken to 
the Federal Supreme Court. 

Admiralty Droit. Droit means legal right or claim of 
ownership, as distinguished from mere possession. The phrase, 
now obsolete, refers to the proceeds of wrecks, the goods of 
pirates, ships taken in war by other than naval commissioned 
officers, and the like. 

Admiralty Laws are the systems of laws and procedure 
relating to maritime transactions. The name is due to the 
fact that in England all cases pertaining to the high seas [q. v.] 
were heard and decided by the Lord High Admiral, who fol- 
lowed rules adopted from the code of civil laws. The Consti- 
tution of the United States consigns all admiralty cases to the 
jurisdiction of the Federal Courts; by the rules of practice they 
are heard first in the United States District Court, then may 
go on appeal to the United States Circuit Court of Appeals, 
some of them eventually reaching the Supreme Court. Not 
only are all cases arising on the high seas under the jurisdiction 
of the Federal Courts, but all arising on the Great Lakes and on 
navigable rivers, as well. It is obvious that if State courts were 
given jurisdiction over these cases, many times disputes would 
arise as to which of two or more States should assume control 
of the controversy. 



Admission of States — 8 Admission of States — 

Admission of States to the Union. In the table below 
will be found the dates upon which the original thirteen States 
ratified the Federal Constitution and by that act formally- 
entered the new Union: 



No. 


State. 


Date. 


1 


Delaware 


December 7, 1787 


2 


, Pennsylvania 


December 12, 1787 


3 


New Jersey 


December 18, 1787 


4 


Georgia 


January 2, 1788 


5 


Connecticut 


January 9, 1788 


6 


Massachusetts 


February 6, 1788 


7 


Maryland 


April 28, 1788 


8 


South Carolina 


May 23, 1788 


9 


New Hampshire 


June 21, 1788 


10 


Virginia 


June 26, 1788 


11 


New York 


July 26, 1788 


12 


North Carolina 


November 21, 1789 


13 


Rhode Island 


May 29, 1790 



It would be unfair to the others to say that Delaware was 
the first State in the American Union; representatives of all 
the thirteen labored to produce the Constitution; ratification 
in all cases was certain, and in most cases was as speedy as local 
conditions permitted. 

The Territories existing at the time the new Union 
was organizing, and those which were formed later, entered 
the family of States only by permission of Congress, after that 
body assured itself of the fitness of each applicant. A sufficient 
population to entitle the State to one Representative in Con- 
gress [See Basis of Representation] has from the first been 
a chief requisite; the class of population is clearly another. 
Political expediency has unfortunately decided either for or 
against a candidate for Statehood. 

When the number of people in a Territory equals the 
number required to secure a Representative in Congress, the 
inhabitants may unite in a petition for permission to form a 
State Government. This petition reaches Congress through the 
Territory's Delegate in Congress. If the petition is granted, 
an enabling act is passed. This may properly define the extent 



Admission of States — 9 Admission of States — 

of territory to be comprised in the new State; it provides for 
the calling of a Constitutional convention, states the number 
of Representatives the State may have in Congress until the 
next Federal census, and may declare specifically on other 
points, such as school lands, public buildings, etc. 

The new Constitution is drawn by a convention composed 
of delegates elected from the citizens of the Territory. Its 
work is submitted to the people for ratification, unless by prior 
agreement the work of the convention is final. One copy of the 
new document is forwarded by messenger to the President of 
the United States, and another is sent to Congress. If this 
Constitution in no sense violates provisions of the Federal 
Constitution and is framed in the spirit of republican institu- 
tions, it is accepted by vote of Congress and given Executive 
approval. If a defect is discovered in any clause, or if a prin- 
ciple is enunciated which Congress considers dangerous, the 
document is returned to the Territory for revision. The table 
below names each Territory, the numerical order of admission 
and date of entrance into the Union: 



No. 


Territory 


Date 


14 


Vermont 


March 4, 1791 


15 


Kentucky 


June 1, 1792 


16 


Tennessee 


June 1, 1796 


17 


Ohio 


November 29, 1802 


18 


Louisiana 


April 8, 1812 


19 


Indiana 


December 11, 1816 


20 


Mississippi 


December 10, 1817 


21 


Illinois 


December 3, 1818 


22 


Alabama 


December 14, 1819 


23 


Maine 


March 3, 1820 


24 


Missouri 


August 10, 1821 


25 


Arkansas 


June 15, 1836 


26 


Michigan 


January 26, 1837 


27 


Florida 


March 3, 1845 


28 


Texas 


December 29, 1845 


29 


Iowa 


December 28, 1846 


30 


Wisconsin 


May 29, 1848 


31 


California 


September 9, 1850 


32 


Minnesota 


May 11, 1858 



Admission 


of States— 10 


Admission of States^ 


No. 


Territory 


Date 


33 


Oregon 


February 14, 1859 


34 


Kansas 


January 29, 1861 


35 


West Virginia 


June 20, 1863 


36 


Nevada 


October 31, 1864 


37 


Nebraska 


Mai-ch 1, 1867 


38 


Colorado 


August 1, 1876 


39 


North Dakota 


November 2, 1889 


40 


South Dakota 


November 2, 1889 


41 


Montana 


November 8, 1889 


42 


Washington 


November 11, 1889 


43 


Idaho 


July 3, 1890 


44 


Wyoming 


July 10, 1890 


45 


Utah 


January 4, 1896 


46 


Oklahoma 


November 16, 1907 



The Union lost eleven States by secession to the Southern 
Confederacy, in 1860 and 1861. The dates on which secession 
became effective and the time of re-admission are tabled below: 

Ordinance of 
State Secession passed 

South Carolina December 20, 1860 

Florida January 10, 1861 

Alabama January 11, 1861 

Mississippi January 15, 1861 

Georgia January 19, 1861 

Louisiana January 26, 1861 

Texas March 23, 1861 

Virginia April 17, 1861 

Arkansas May 6, 1861 

North Carolina May 20, 1861 

Tennessee June 24, 1861 

Form of Proclamation. As an example of the form of 
public announcement made by the President upon the admis- 
sion of a new State, below is given the proclamation of President 
Benjamin Harrison, in 1889, with reference to Montana: 

Whereas, The Congress of the United States did, by an act approved 
on the 22d day of February, 1889, provide that the inhabitants of the 
Territory of Montana might, upon the conditions prescribed in said act, 
become the State of Montana; and, 

Whereas, It was provided by said act that delegates elected, as 
therein provided, to the Constitutional Convention in the- Territory of 
Montana should meet at the seat of government of said Territory, and 



Re-admitted 
June 25, 1868 
June 25, 1868 
June 25, 1868 
February 17, 1870 
July 15, 1870 
June 25, 1868 
March 30, 1870 
January 26, 1870 
June 22, 1868 
June 25, 1868 
July 24, 1866 



^ 



Admission of States — 11 Admission of States — 



that, after they had met. and organized, they should declare, on behalf of 
the people of Montana, that they adopt the Constitution of the United 
States, whereupon the said convention should be authorized to form a 
State Government for the proposed State of Montana; and. 

Whereas, It was provided by said act that the Constitution so adopted 
should be republican in form and make no distinction in civil or political 
rights on account of race or color, except as to Indians not taxed, and not 
be repugnant to the Constitution of the United States and the principles 
of the Declaration of Independence; and that the convention should, by 
an ordinance irrevocable without the consent of the United States and the 
people of said State, make certain provisions prescribed in said act; and, 

Whereas, It was provided by said act that the Constitution thus 
formed for the people of Montana should, by an ordinance of the conven- 
tion forming the same, be submitted to the people of Montana at an 
election to be held therein on the first Tuesday in October, 1889, for ratifica- 
tion or rejection by the quahfied voters of said proposed State, and that 
the returns of said election should be made to the Secretary of said Terri- 
tory, who, with the Governor and Chief Justice thereof, or any two of 
them, should canvass the same; and if a majority of the legal votes cast 
should be for the Constitution, the Governor should certify the result to 
the President of the United States, together with a statement of the votes 
cast thereon, and upon separate articles or propositions, and a copy of said 
Constitution, articles, propositions, and ordinances; and, 

Whereas, It has been certified to me by the Governor of said Territory 
that within the time prescribed by said act of Congress a Constitution for 
the proposed State of Montana has been adopted and that the same, 
together with the ordinances connected therewith, has been ratified by a 
majority of the qualified voters of said proposed State, in accordance with 
the conditions prescribed in said act; and, 

Whereas, A duly authenticated copy of said Constitution and ordin- 
ances as required by said act has been received by me; 

Now, therefore, I, Benjamin Harrison, President of the United 
States of America, do, in accordance with the provisions of the act of 
Congress aforesaid, declare and proclaim the fact that the conditions 
imposed by Congress on the State of Montana to entitle that State to 
admission to the Union have been ratified and accepted, and that the 
admission of the said State into the Union is now complete. 

In testimony whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington this eighth day of November, in the 
year of our Lord one thousand eight hundred and eighty-nine and of the 
independence of the United States of America the one hundred and 
fourteenth. Benjamin Harrison. 

By the President: James G. Blaine, Secretary of State. 



Ad Valorem 12 Agriculture 

Ad Valorem, a term from the Latin, meaning "according 
to value." See Customs Duties. 

Affidavit, a voluntary statement of facts, made in writing, 
signed, and sworn to before an officer qualified by law to 
administer an oath. It is prefaced by the name of the State, 
and the county, city, town or other municipal division over 
which the jurisdiction of the officer extends. The laws demand 
no particular form of composition, but legal phraseology is 
usually employed. Penalties are prescribed in all States for 
false swearing. A small fee may be exacted as the officer's 
compensation. 

Affirm, to declare a fact in formal manner. See Affirma- 
tion. 

Affirmation, a solemn declaration of fact, not made under 
oath. Certain religious societies oppose any form of oath, 
and many people without special religious convictions con- 
scientiously object to taking an oath. Obviously, the laws 
could demand the conventional oath on all occasions, but to do 
so would be unjust, if another form of statement could be made 
binding by statute. The affirmation is the alternative which 
has been provided by law to cover such cases, and when made, 
it has the full binding force of an oath. It is administered with 
like formality, with like penalties for perjury attached. Every 
legal enactment reciting a form of oath provides for an alter- 
native affirmation. Thus, the oath taken by the President of 
the United States could be made an affirmation by the form, 
"I do solemnly affirm," etc. Either the word "swear" or the 
word "affirm" is omitted in repeating the prescribed form. 
See Oath. 

Agriculture, Department of. While a Government de- 
partment devoted to agriculture was established in 1862, it 
was given the status onl}^ of a bureau of the Department of 
the Interior. Its chief officer then was styled Commissioner of 
Agriculture. In 1889, owing to the increasing importance of 
the agricultural interests of the country and of the necessity 
for giving them adequate recognition, this bureau was raised to 
the rank of an Executive department, styled the Department 



Agriculture 13 Aide de Camp 

of Agriculture, and its head became a member of the President's 
Cabinet, with the title of Secretary of Agriculture. In this 
department are grouped the Weather Bureau, the Bureau of 
Animal Industry, the bureaus of Statistics, Chemistry, Forestry, 
Plant Industry, Soils, Entomology, Biological Survey, and a 
number of other lesser divisions devoted to special inquiry 
into various phases of agricultural science. The Department 
is in active co-operation at all times with the various State 
Agricultural Experiment Stations which have been established 
for the investigation of local agricultural problems. See 
Agriculture, Secretary of. 

Agriculture, Secretary of. When the Department of 
Agriculture was raised to the dignity of one of the Executive 
departments of the Government, the Secretary of Agriculture 
became the eighth member of the President's Cabinet. From 
1862, when the Department was organized as a bureau of the 
Interior Department, to 1889, this officer was styled the Com- 
missioner of Agriculture. Since the latter year, he has been 
the official head, under the President, of the Department. 
Unlike the seven other members of the Cabinet named before 
him, the Secretary of Agriculture is not eligible to the Presidency 
by succession, as the succession law was passed in 1886, three 
years before he became a member of the Cabinet. The salary 
of this officer was made the same as other members of the 
Departments at the time, $8,000; in 1906 it was raised to 
$12,000. See Agriculture, Department of; Cabinet of 
THE President; Presidential Succession. 

The names of the incumbents of this office are given 
below : 

Norman J. Coleman, Missouri, Appointed February 12, 1889 



Jeremiah M. Rusk, Wisconsin 
J. Sterling Morton Nebraska 
James Wilson, Iowa, 



March 5, 1889 
March 6, 1893 
March 5, 1897 



Aide de Camp means camp assistant. He is a military 
officer detailed on the staff of a commanding general officer, 



Alabama 



14 



Alabama 



to assist the latter in the performance of military and social 
duties. The position carries with it, when not in field service, 
certain social prestige, and requires some social qualities to 
insure success. Younger officers especially seek such assign- 
ments. 

Alabama. After having formed in turn a part of Georgia 
and a part of Mississippi, Alabama was made into a Territory 
of the United States, March 3, 1817, and on December 14, 1819, 
was admitted as a State into the Union. While a Territory, 
the capital was St. Stephens; in 1820 the seat of government 
was removed to Cahaba; in 1826 to Tuscaloosa, and in 1847 
to Montgomery. On the 11th of January, 1861, the State 
seceded from the Union and joined its fortunes with the Con- 
federacy. In 1865 Alabama fell into 
the hands of the Federal army and 
remained under military supervision 
until 1868. 

Government. During the period of 
reconstruction following the Civil War, 
much disorder arose from corrupt 
government and violent party politics. 
A new Constitution was adopted in state seal of Alabama 
1875, which was superseded by a third which went into 
effect November 21, 1901. It was the intention of the framers 
of the present Constitution to place such restrictions on the 
right of suffrage as would bring about a legal disenfranchisement 
of the negroes. According to its provisions, all persons who 
had served in either the Northern or the Southern army, and 
all descendants of such persons, if of good character and able 
to comprehend the requirements for citizenship, might register 
as life electors before December 20, 1902. After January 1, 
1903, additional qualifications were required of voters, including 
the ability to read and write any article of the Constitution of 
the State or of the United States, and property qualifications 
and the pursuit of some lawful occupation or profession. The 
usual restrictions as to length of residence in State, county 
and precinct were also in force. 




Alabama Claims 15 Alabama Claims 

The Executive officers include the Governor, Lieutenant- 
Governor, Secretary of State, State Auditor, State Treasurer, 
Superintendent of Education, Attorney-General and Commis- 
sioner of Agriculture and Industries. These are all chosen for 
a term of four years and are not eligible to re-election. The 
Legislature consists of a Senate of 35 members, and a House 
of Representatives of 105 members. All legislators are chosen 
for a term of four years and receive $4 per day and traveling 
expenses while in attendance upon sessions. A legislative 
session is held every four years and is limited to 90 days in 
length. The judiciary consists of a Supreme Court, Chancery 
courts, Circuit, County, City and Justice courts, and courts of 
equity. 

Alabama Claims. The adjustment of the claims of the 
United States against Great Britain for damages inflicted 
during the Civil War by the "Alabama" settled for all time a 
point of international law on which the world's governments 
up to that time had not been in accord. The "Alabama" was 
a wooden ship, equipped with fourteen guns, and cost about 
$250,000. At one of the Azore Islands, belonging to Great 
Britain, the boat received guns, stores and coal. A Confederate 
commander. Captain Semmes, at once took command, ran the 
Confederate flag to the masthead, and began to destroy Union 
shipping, wherever found. In two years of uninterrupted 
devastations the "Alabama" captured or sunk nearly sixty 
vessels, with property aboard valued at over four million 
dollars. A few months after the ship began its piratical career 
Secretary of State Seward notified the Government of Great 
Britain that the United States would consider damages were 
due her for injuries done to Union commerce by every vessel 
fitted out in British waters. Besides the "Alabama," a number 
of other vessels equipped in English harbors preyed upon 
American commerce in the name of the Confederacy, and the 
damage done by all were included in the "Alabama" claims. 
The Englishmen protested against the American demands, but 
finally agreed to submit the matter to arbitration. A congress 
met at Geneva, Switzerland, December 17, 1871, consisting of 



Alaska 16 Alaska 

representatives of Great Britain and the United States and 
three members appointed by the King of Italy, the Emperor 
of Brazil and the President of Switzerland. The decision was 
not rendered until in September of the following year, when 
the contention of the United States Government was upheld. 
Great Britain was ordered to pay the United States a little 
more than sixteen million dollars for the damages inflicted. 
The full claims of the Government, a small part of which were 
not allowed by the arbitrators, the offending vessels and losses 
charged against each, appear in the following table: 

No. Vessels 
Destroyed Losses 

Alabama 58 $ 6,547,609.86 

Boston 1 400 .00 

Chickamauga 3 95,654 . 85 

Florida 38 : . . 3,698,609.34 

Georgia. 5 383,976.50 

Nashville 1 69,536.70 

Retribution 2 20,334 . 52 

Sallie 1 5,540 .00 

Shenandoah 40 6,488,320.31 

Sumter 3 10,695.83 

Tallahassee 17 579,955.55 

For losses from increased war premiums 1,120,795. 15 



$19,021,428.61 



For complete historical description of the "Alabama" 
and her career, consult any complete United States History. 
See Geneva Award. 

Alaska. For some years prior to 1867, the Government 
of the United States and the officials of the Russian Empire 
were conducting negotiations for the transfer of Alaska to the 
ownership of the United States. On October 18th of the year 
mentioned, the formal session took place at Sitka, our Govern- 
ment having agreed to pay $7,200,000 for the territory. 

Government. Alaska has not yet received a Territorial 
form of government, but its affairs are administered as a 
Federal District. In 1906 the capital was transferred from 



Albany Conventions 17 Albany Conventions 

Sitka to Juneau, and there reside the Governor, United States 
Commissioners, Marshals, and Judges, all appointed by the 
President of the United States and confirmed by the Senate. 
There is no legislative body for Alaska, its affairs being entirely 
in the hands of Congress. It is expected that a regular Terri- 
torial form of government will soon be provided, in order that 
the rapidly increasing population may be represented in 
Washington by a Delegate and a measure of self-government 
inaugurated. The increasing importance of Alaska makes this 
step justifiable. Towns of 300 or more population have been 
allowed by Congress to incorporate for local self-government. 
Albany Conventions. From its central location in the 
northern colonies, Albany, on the Hudson River, was early a 
favorite meeting place for various conventions called to discuss 
important movements of the times and take such action relative 
thereto as would best serve the interests of the various colonies. 
To the student of government these colonial assemblies are 
important, for they represent the first steps toward unity and 
political independence, however little this fact was suspected 
by the principal actors at the time. The history of the human 
race is really the account of its rise from conditions of barbarism 
and slavery towards civil liberty; the Albany Conventions, 
the Colonial Congress and the Continental Congress were the 
visible signs of the universal struggle as witnessed on the 
American stage. Followed step by step from the first Albany 
Convention to the vote on the Declaration of Independence 
in 1776, it is seen that the various assemblies rapidly developed 
strength of purpose and learned quickly in the school of experi- 
ence, which largely accounts for the wisdom displayed later 
in the framing of the Constitution. 

", First Colonial Convention. In 1690 the colonists of 
Massachusetts, Plymouth and Connecticut sent commissioners 
to Albany to hold conferences with the chiefs of the Five 
Nations, all of whom, except the Mohawks, had been sworn in a 
covenant of friendship with the English. But little was accom- 
plished which could be looked upon with the assurance that 
benefits would be permanent. 



Albany Conventions 18 Albany Conventions 

Second Colonial Convention. In 1748, at the conclusion 
of King George's War, when news of the preliminary treaty of 
peace reached the colonies, a convention of colonial governors 
was called to meet at Albany to secure colonial revenue and to 
strengthen the bond of friendship between the Six Nations and 
other Indian tribes and the English. There were but three 
governors present, but the convention was largely attended 
by Indians. The governors did not succeed in gaining for them- 
selves additional revenue, but were successful in making 
arrangements with the Indians which guaranteed peace and 
friendship with the tribes as far west as the southern borders 
of Lake Erie. 

Third Colonial Convention. In 1751 delegates from nearly 
all the northern colonies met the chiefs of the Six Nations at 
Albany, for the purpose of making a treaty of friendship. The 
English were somewhat jealous of the friendly attitude which 
they saw existed between the French and the Six Nations and 
felt the necessity of counteracting this influence if possible and 
securing even stronger bonds of friendly association. 

Fourth Colonial Convention. Three years later there were 
indications that the Indians and the French were joining issues 
against the English, and the British Government, upon advice 
of nearly all the royal governors in America, sent a plea to all 
the colonies to send delegates to Albany to discuss the alarming 
condition. Seven colonies responded, and in 1754 twenty-five 
delegates assembled. This was the most important of the 
Albany Conventions, because the state of affairs presented the 
darkest outlook that the struggling colonies had ever confronted. 
The object of the meeting was to form a treaty of alliance with 
the Six Nations and to enter into a union or confederation with 
each other for mutual defense. A plan of federation was 
proposed by Benjamin Franklin, by which each colony was 
left to continue its government in its existing form, giving to 
its local legislature the power to choose members of a general 
council which should be the legislature or congress of all the 
colonies in the union. This body was to meet annually. It 
was soon discovered that the plan met with but little favor 



Albany Regency 19 Alien and Sedition Laws 

from any of the colonies, as it was not yet evident that the time 
was ripe for union. See Franklin's Plan of Union. 

Albany Regency was the name appUed to a group of un- 
usually able politicians in the State of New York for thirty 
years prior to 1850. The command of a great party in New 
York State naturally exerted a powerful influence in the poli- 
tical affairs of the whole nation. They maintained their 
leadership by political sagacity, expertness in the management 
of men, and more than all else, by a thorough application of 
the "spoils system" [q. v.]. Martin Van Buren was one of its 
leading members. 

Alias, a word generally used in its adverbial form, meaning 
otherwise called; from the Latin alias dictus. In the phrase, 
James Brown alias William Green, the reader understands 
that James Brown, for some reason best known to himself, has 
changed his name to William Green, without consent of law. 
Another use of the word is found in the administration of law, 
and may be defined as a second writ to the same effect as a 
former one, issued after the first has failed. This definition 
is little understood by the general public, and is seldom used. 

Alien, as an adjective, owing allegiance to another country; 
foreign; unnaturalized. As a noun, one born in another coun- 
try than the one in which he resides, therefore not possessing 
the rights of citizenship at present place of residence; one 
who owes allegiance to a foreign Government. Every civilized 
nation guarantees protection to the life and personal rights of 
aliens residing within its territory, placing them in this respect 
on the same plane with its citizens, but does not give them 
political rights. See Alien and Sedition Laws; Natural- 
ization. 

Alien and Sedition Laws, laws passed by the Congress of 
the United States in 1798, conferring extraordinary power upon 
the President to banish from the country any alien or to im- 
prison any citizen whose acts or utterances were considered 
dangerous to the young Republic. 

Alien Laws. During the first ten years of the nation's 
history, the immigrants to the United States were largely 



Alien and Sedition Laws 20 Alien and Sedition Laws 

Frenchmen who left France for political reasons, and English- 
men, Scotchmen and Irishmen who had left their coimtiy because 
of severe measures of repression. Their presence brought to 
this Government one of many new and vexing problems; they 
carried across the sea much of the bitter feeling engendered 
in the discord at home, and while many of them were men of 
highest aims and purposes, perhaps nearly 100,000 of this mixed 
citizenship were ready for intrigue or any scheme of mischief. 
In 1798 war with France seemed certain, and it was deemed 
necessary to protect the Government against internal foes. 
During less than one month of the summer of that year, three 
acts were passed looking to this end. By the first, June 18, 
the naturalization laws were made more stringent and alien 
enemies could not become citizens under any plea. The second 
act, June 25, was limited in its operation to two years, and gave 
the President authority to order forthwith from the country 
any alien whom he might judge to be dangerous to the peace 
and safety of the United States. This was the law which gave 
to the three statutes their greatest notoriety; the majority 
of citizens, while recognizing the necessity of ample protection 
against dangerous outside influences, openly condemned this 
act as placing too much arbitrary power in the hands of one 
man. By the third act, July 6, it was decreed that in case of 
war, all resident aliens who were natives or citizens or subjects 
of the hostile nation, might, upon proclamation by the Presi- 
dent, be arrested and secured or forcibly removed from the coun- 
try. While this third law also placed great arbitrary power 
in the Executive, it will be observed that it was less dangerous 
than the second, because the power delegated could be exercised 
only in case of war. These three laws were known as the 
Alien Laws. General sentiment was against them, and the 
President never found it necessary or wise to enforce them. The 
effect of their passage was salutary, however, as a number of 
Frenchmen, who felt they were especially aimed at, left the 
country at the first opportunity. Repeal of the three laws 
occurred a year later, and the administration was defeated for 
re-election in 1800. 



Allegiance 21 Allegiance 

Sedition Law. Eight days after the third AHen law was 
passed, another act was rushed through Congress providing 
punishment for sedition [q.v.]. The Ahen Laws were of course 
inoperative against citizens of the United States; it would be 
impossible legally to banish a citizen from his own country, 
for such an act would be repugnant to the spirit of our institu- 
tions. The discontented of Europe, whose presence in the 
United States is explained in the discussion of the Alien Laws, 
found many Americans ready to listen to any mischievous 
scheme or to lend a ready tongue to spread slander and discord. 
The Sedition Law was calculated to reach this irresponsible 
class of citizens. By its terms, it was made a misdemeanor, 
punishable by a fine not to exceed $5,000, or imprisonment for 
from six months to five years, for any person to combine with 
others in opposing measures of the Government properly 
directed by authority, or attempting to prevent Government 
officers from performing their duties, or inciting to riot or insur- 
rection. It also provided for fine or imprisonment against 
any person guilty of printing or publishing "any false, scandal- 
ous, and malicious writings against the Government of the 
United States, or either House of Congress, or the President,, 
with intent to defame them or to bring them into contempt 
or disrepute." This last was a provision which raised a violent 
storm of opposition and protest. The right of freedom of 
speech and of the press had not yet been guaranteed in the 
United States by law, but the people had until this time freely 
exercised these rights and believed it a matter of injustice that 
any official or administration detected in wrong-doing should 
be made to feel the weight of public censure. The best friends 
of the administration were nearly unanimous in condemning 
the Sedition Law, and it was soon repealed. 

Allegiance, the duty of unwavering fidelity which a person 
owes to his Government in return for the protection which 
it affords him. Every citizen of the United States owes para- 
mount allegiance to the United States Government ; allegiance 
to his State Government is secondary. The opposite opinion 
was settled permanently by the results of the Civil War, during 



Allegiance 22 Alloy 

which the question of State sovereignty was the leading issue. 
As to foreigners, no such person can become a citizen of the 
United States until he has first renounced his allegiance to his 
former Government. European nations formerly contended 
that the tie of allegiance once formed could not be severed by 
the voluntary act of the subject, but this view has been reversed, 
owing to the contrary view held by the United States. The 
right of a person to change his allegiance at will, by conforming 
to legal requirements, is now recognized by all leading countries 
except Russia and Turkey. See Expatriation; Naturaliza- 
tion; Oath of Allegiance, subhead under Oath. 

Natural Allegiance, the allegiance due from any person 
to the country of his birth, as distinguished from subsequently 
acquired allegiance. 

Allegiance, Oath of. See Oath; Allegiance. 

Alliance, International, This is a name given to a union 
between sovereign nations, for purposes of offense or defense, 
the terms of which are usually named specifically by treaty or 
secret agreement. The United States has never, so far as the 
public knows, entered into secret alliances with European 
nations; its policy has been one of non-interference in the 
affairs of foreign nations, and all of our relations with- other 
Governments have been specifically expressed in treaties which 
have been published to the world. See Treaty. 

Alloy. Any combination or compound of metals mixed 
in any given proportion is called an alloy. In the common use 
of the term, the baser, i. e., the inferior metal, is named as the 
alloy, although the designation is not strictly accurate. Dis- 
cussed in the latter and commonly accepted use of the term, 
it may be said that alloys are nearly always harder than the 
individual metals which compose them; both gold and silver in 
their pure state are quite soft and are easily worn away by use; 
a certain proportion of copper is added, therefore, to give 
requisite durability and hardness. In this case the copper is 
the alloy, so caUed; in silver and gold coins, it is ten per cent 
of the mixture. The proportion of alloyed metals in our 
national coins is fixed by acts of Congress. See Coinage. 



Ambassador 23 Ambassador 

Ambassador, the officer highest in diplomatic rank and 
dignity in the foreign service of a Government; he is commis- 
sioned by his sovereign or the head of the Government (as the 
President of the United States) to represent his country at a 
foreign court, and is entrusted with power to treat upon matters 
of state affecting his country. The ambassador differs from 
the minister plenipotentiary [q. v.], next in rank, in that while 
the latter is the diplomatic representative of his country, the 
ambassador, in addition to this honor, represents as well the 
person of his sovereign or head of his Government at the court 
to which he is accredited. The difference in dignity between 
a general representative of a country and the personal repre- 
sentative of a ruler is at once apparent; the latter has many 
privileges not accorded the former. When a minister would 
bring any matter of business to the attention of the Government 
to which he is accredited, he does it through the officers of state 
of that Government, as the Prime Minister [q. v.], or head of 
the Department of State; an ambassador, representing the 
person of the sovereign, or ruler, has the right to demand 
admission directly to the presence of the ruler. This right, 
while fully recognized and preserved with due regard to its 
dignity and importance, is seldom demanded, the majority of 
communications passing through the Foreign Office [q. v.]. 

In the United States, ambassadors and other diplomatic 
officers are appointed by the President, but the Senate must 
sanction the choice of the Executive. The commission is for 
the Presidential term of four years; the office is political, the 
appointee not being protected by the civil service laws. When 
the American diplomatic service was first organized, the officer 
highest in rank was called envoy extraordinary and minister 
plenipotentiary. In 1893 Congress passed an act providing 
that whenever a foreign Government raised the rank of its 
representative at Washington to ambassador, the United 
States Government should elevate its representative to that 
Government to the same rank. Under this law we now send 
ambassadors to Great Britain, France, Russia, Germany, 
Brazil, Austria, Japan, Mexico, Turkey and Italy. The annual 



Amendment 24 Amendments — 

salary of an ambassador of the United States is $17,500, a very 
small amount compared to the salaries paid by the great 
European powers. England pays her ambassador to the 
United States $50,000 per year. See Diplomatic Service; 
Envoy Extraordinary and Minister Plenipotentiary; 
Minister Resident; Charge d'affaires; Consul; Exter- 
ritoriality. 

Ambassador Extraordinary. Occasionally in the conduct 
of affairs between nations a special officer is delegated to 
conduct a very delicate mission or to give a Government addi- 
tional representation at some great national function. Such 
an appointee is called an ambassador extraordinary. In the 
first case above mentioned, he would take precedence of the 
regularly accredited ambassador or minister before the foreign 
court, although acting with him in the conduct of negotiations. 
The appointment is temporary. 

Amendment, any change made in a fundamental law, 
according to a prescribed mode of procedure; the act of modify- 
ing or proposing a modification in a bill, an act or a motion in 
any deliberative body. An amendment of a law may be direct, 
as when the former law may be expressly referred to in the 
later act, or it may be indirect, as is the case when the second 
act contains provisions inconsistent with the first. In either 
case the amendment is deemed to be incorporated in the original 
act and made a part thereof. The right of the States to amend 
statutes is limited only by constitutional provisions. 

Amendments to the Constitution. One of the Articles 
of the Constitution of the United States [Article V] relates to 
the manner in which that document may be altered by amend- 
ment. It is beyond belief that any instrument outlining 
principles of government shall enjoy continuous existence 
without change; new issues and national crises as well as normal 
growth may demand improved methods or devices by which 
control is exercised. While modification is inevitable, it is 
the part of wisdom to provide against whimsical changes or 
propositions which are the outgrowth of temporary public 
clamor. The framers of the Constitution placed adequate 



Amendments — 25 Amendments — 

safeguards around the power of amendment, in the language 
of Article V: 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two-thirds of the several States, shall call 
a convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as part of this Constitution, when ratified 
by the legislatures of three-fourths of the several States, or by conventions 
in three-fourths thereof, as the one or the other mode of ratification may 
be proposed by the Congress; Provided, that no amendment which may 
be made prior to the year one thousand eight hundred and eight shall in 
any manner afTect the first and fourth clauses in the ninth section of the 
first article; and that no State, without its consent, shall be deprived of 
its equal suffrage in the Senate. 

There are two conservative methods, therefore, by which 
amendments may be proposed, and the sober judgment of the 
best minds in all the States of the Union passes upon their 
worth, usually after months of deliberation. Congress naturally 
proposes amendments, it being the governmental body and best 
informed as to national ills and remedies. Issues may arise, 
however, affecting the personal or political fortunes of members 
of one or both branches of Congress, in which event an amend- 
ment which is much desired by the people might fail to secure 
the requisite Congressional majority vote, as, for instance, the 
issue of election of Senators by direct vote of the people. This 
question has been discussed for many years; the House of 
Representatives for obvious reasons has several times expressed 
the desire to submit such an amendment, but the Senate, for 
reasons equally clear, has almost unanimously rejected the 
proposal. It is evident, then, that under certain conditions 
Congress cannot be depended upon to inaugurate relief 
measures. 

The second method of proposing amendments is cumber- 
some but in the plan involved there is ample assurance of deliber- 
ation and caution. If Congress remains deaf to appeals, two- 
thirds of the States may by resolution of their Legislatures 
demand a Constitutional Convention, which Congress is then 
obliged to call in formal manner. Conditions under which such 



Amendments — 26 Amendments — 

a request could pass unheeded can scarcely be imagined; the 
political future of practically every member of Congress from 
the States uniting in the petition would depend upon prompt 
compliance with the letter and spirit of the Legislative resolu- 
tions. 

After the amendment has been proposed by Congress or 
by the Constitutional Convention, Congress decides whether 
ratification shall be by vote of the State Legislatures or by 
conventions called in the several States. In either case, three- 
fourths of the States must vote affirmatively or the amendment 
is lost. Through the President or the Department of State 
public announcement of the result of the vote is made, 
although Executive sanction or disapproval can have no weight 
in determining the fate of an amendment. 

There are but three limitations to the power of amendment. 
First, Congress was prohibited by the Constitution from passing 
a law before 1808 forbidding the importation of slaves or 
from promoting in any manner restrictive measures. Second, 
the clause prescribing the manner of levying certain taxes 
could not be altered prior to 1808; this provision promoted 
stability during the early years of the new nation. These two 
limitations referred to the traffic in slaves. Third, no State 
could be deprived of its equal suffrage in the Senate without 
its consent. It was designed to protect the smaller States 
against the claim of the larger for more numerous representation 
in the Senate as well as in the House of Representatives. The 
first two limitations were not to be continued beyond the year 
1808; the third, therefore, names the only clause of the Con- 
stitution containing a perpetual prohibition against amendment. 

History of the Amendments. Nineteen amendments have 
been proposed thus far, all of them by Congressional initiative; 
it has never been necessary for the States to apply for a Con- 
stitutional Convention. Fifteen of the proposed amendments 
have been adopted, and all by vote of the Legislatures. The 
mode of ratification by State conventions has never been tried, 
probably for the reason that the first Congress adopted the 
other method and it proved very satisfactory. 



Amendments — 27 Amendments — 

The First Ten. One of the strongest objections to the 
new Constitution in the minds of the people was the lack of 
recognition of certain rights of citizens — a definite declaration 
of an American bill of rights [q. v.]. To secure the adoption of 
the Constitution in the form in which it came from the con- 
vention, amendments covering the points at issue were promised 
at the hands of the first Congress to assemble. [See Anti- 
Federalist. Accordingly, in September, 1789, that body- 
passed a resolution proposing twelve amendments to the Legis- 
latures of the thirteen States. Ten of these, the first ten of 
the present total of fifteen, were ratified as promptly as possible. 
The dates on which votes were taken by States were as follows: 

New Jersey, November 20, 1789 Pennsylvania, March 10, 1790 
Maryland, December 19, 1789. New York, March 27, 1790 
North Carolina, Dec. 22, 1789 Rhode Island, June 15, 1790 
South Carolina, January 19, 1790 Vermont, November 3, 1791 
New Hampshire, Jan. 25, 1790 Virginia, December 15, 1791 
Delaware, January 28, 1790 

The ten were therefore a part of the basal law on and 
after December 15, 1791, the date when the last necessary State 
had ratified them. The two proposals submitted with the ten 
which did not receive the necessary three-fourths' vote were 
[1] to regulate the number of representatives and [2] to prevent 
congressmen from increasing their own salaries. 

The Eleventh Amendment "was proposed by the Third 
Congress, in March, 1794. Not until January 8, 1798, did it 
receive the necessary three-fourths' vote. The result was 
proclaimed by President John Adams. 

The Twelfth Amendment was submitted by the Eighth 
Congress to the Legislatures of the several States, on December 
12, 1803, and received prompt acceptance, the last necessary 
vote being given it on September 25, 1804, 

From 1804 until 1865 there were no successful efforts 
in the direction of Constitutional change, although there 
were two attempts; the results of the Civil War, however, 
made additional modification imperative, and the Thirteenth, 
Fourteenth and Fifteenth amendments were proposed within 



American Cato 28 American Fabius 

four years, and all were promptly ratified. The Thirteenth 
was proposed on January 31, 1865; the Fourteenth, on June 
16, 1866; the Fifteenth, on February 27, 1869. The dates of 
ratification were December 18, 1865, July 21, 1868, and March 
31, 1870. 

The two additional proposals which were defeated were 
as follows: In 1811 an amendment was presented which pro- 
hibited citizens of the United States from accepting any titles, 
pensions, presents or any emoluments whatsoever from any 
foreign power, on pain of loss of citizenship. In 1861 there 
was an effort made to make slavery perpetual by Constitutional 
amendment, but it failed. The influences back of this move- 
ment hoped to avert the threatened war by securing the adop- 
tion of the proposition. 

Various religious and civic bodies have petitioned Con- 
gress to propose amendments on many other subjects, but no 
action has been taken. Prominent among the causes advanced 
are the right of suffrage to women and an addition to the pre- 
amble of the Constitution of these words: "Acknowledging 
Almighty God as the source of all authority and power in civil 
government, the Lord Jesus Christ as the ruler among the 
nations, and His will, revealed in the Holy Scriptures, as of 
supreme authority, in order to constitute a Christian Govern- 
ment." This proposal was advanced by churchmen who deplore 
the absence of a recognition of God in the Constitution. 

The full text of the amendments will be found under 
Constitution of the United States. 

American Cato. Samuel Adams was so called because of 
a supposed resemblance in character to the great Roman, Cato. 
Adams was a native of Boston, born in 1722, and died in 1802. 
He was one of the signers of the Declaration of Independence. 

American Fabius. Fabius was a great commander of the 
legions of ancient Rome, who, despite the inferiority of his 
troops to those of the enemy in discipline and equipment, 
pursued a policy of avoiding hard battles and wearying his 
enemy by long marches, eventually defeating them. Because 
George Washington exhibited like successful generalship when 



American Party 29 Amnesty 

opposed by overwhelming forces, he gained the name of the 
"American Fabius." 

American Party, a pohtical organization founded in 1854, 
which was merged later into the Know-Nothing [q. v.] party. 
The latter name was given because of the endeavor of its mem- 
bers always to preserve secrecy as to their movements; they 
were instructed to reply "I do not know," to any question 
regarding their party. The American party was at first a secret 
political organization, the chief object of which was the pro- 
scription of foreigners by the repeal of naturalization laws and 
the exclusive choice of Americans for political office. In 1856 
the party nominated Ex- President Fillmore for the Presidency, 
and he received eight electoral votes; in 1860 no nomination 
was made, but the party united with the Constitutional Union 
party, which received thirty-nine electoral votes. The American 
party reappeared in 1880 with a National ticket, but was given 
only 707 votes; in 1888 there were 1590 votes cast for the party's 
candidate in California, but in no other State in the Union. No 
nominations have since been made. See Political Parties 
IN THE United States. 

American System, a term originating in and pertaining to 
the tariff policy of the United States. Every nation promul- 
gates a general scheme of tariff legislation and usually adheres 
quite closely to it for a long term of years, despite occasional 
political reverses. For more than a half century, the policy of 
those in power in this country has been to provide a tariff law 
which should give protection to home industries against the 
competition of European industries, by means of high tariffs 
on imports. Such a tariff scheme has been named the American 
System. See Tariff. 

American Whigs. See Whig. 

Amnesty, Proclamation of. President Lincoln, in ac- 
cordance with his inaugural address in 1861, took the position 
that the Union of the States was indestructible, and that the 
acts of secession had but temporarily put the Southern States out 
of harmony with the remainder of the nation. He believed it 
to be his duty to restore former relations, and with this end in 



Amnesty 30 Amnesty 

view, the Proclamation of Amnesty was issued, in December, 
1863, with the approval of Congress. The time was most 
opportune; the South had suffered various military reverses 
within the space of a few months and the outlook for the 
Southern cause was discouraging. The best evidence of the 
magnanimity of the Executive is found in the document, which 
is printed below in full: 

Whereas, in and by the Constitution of the United States, it is pro- 
vided that the President "shall have power to grant reprieves and pardons 
for offences against the United States, except in cases of impeachment;" 
and whereas a rebellion now exists whereby the loyal State governments 
of several States have for a long time been subverted, and many persons 
have committed and are now guilty of treason against the United States; 
and, whereas with reference to said rebellion and treason, laws have been 
enacted by Congress declaring forfeitures and confiscation of property 
and liberation of slaves, all upon terms and conditions therein stated; and 
also declaring that the President was thereby authorized at any time 
thereafter, by proclamation, to extend to persons who may have partici- 
pated in the existing rebellion, in any State or part thereof, pardon and 
amnesty, with such exceptions and at such times and on such conditions 
as he may deem expedient for the public welfare; and whereas the Con- 
gressional declaration for limited and conditional pardon accords with 
well-established judicial exposition of the pardoning power; and whereas, 
with reference to said rebellion, the President of the United States has 
issued several proclamations with provisions in regard to the liberation 
of slaves; and whereas it is now desired by some persons heretofore en- 
gaged in said rebellion to resume their allegiance to the United States, 
and to reinaugurate loyal State governments within and for their respec- 
tive States; Therefore, 

I, Abraham Lincoln, President of the United States, do proclaim, 
declare, and make known to all persons who have, directly or by implica- 
tion, participated in the existing rebellion, except as hereinafter excepted, 
that a full pardon is hereby granted to them and each of them, with restora- 
tion of all rights of property, except as to slaves, and in property cases 
where rights of third parties shall have intervened, and upon the condition 
that every such person shall take and subscribe an oath, and thencefor- 
ward keep and maintain such oath inviolate; and which oath shall be 
registered for permanent preservation, and shall be of the tenor and effect 
following, to wit: 

"I, , do solemnly swear, in presence of Almighty God, that 

I will henceforth faithfully support, protect, and defend the Constitution 
of the United States, and the Union of States thereunder; and that I will 
in like manner, abide by and faithfully support all acts of Congress passed 



Amnesty 31 Amnesty 

during the existing rebellion with reference to slaves, so long and so far as 
not repealed, modified, or held void by Congress, or by decision of the 
Supreme Court; and that I will, in like manner, abide by and faithfully 
support all proclamations of the President made during the existing re- 
bellion having reference to slaves, so long and so far as not modified or 
declared void by decision of the Supreme Court. So help me God." 

The persons excepted from the benefits of the foregoing provisions 
are, all who are, or shall have been, civil or diplomatic officers or agents 
of the so-called Confederate government; all who have left judicial stations 
under the United States to aid the rebellion; all who are, or shall have been, 
military or naval officers of said so-called Confederate government, above 
the rank of colonel in the army, or of lieutenant in the navy; all who left 
seats in the United States Congress to aid the rebellion; all who resigned 
commissions in the Army or Navy of the United States, and afterwards 
aided the rebellion; and all who have engaged in any way in treating 
colored persons, or white persons in charge of such, otherwise than law- 
fully as prisoners of war, and which persons may have been found in the 
United States Service as soldiers, seamen, or in any other capacity. 

And I do further proclaim, declare and make known, that whenever, 
in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, 
Alabama, Georgia, Florida, South Carolina, and North Carolina, a number 
of persons, not less than one-tenth in number of the votes cast in such 
State at the presidential election of the year of our Lord 1860, each having 
taken the oath aforesaid, and not having since violated it, and being a 
qualified voter by the election law of the State existing immediately before 
the so-called Act of Secession, and excluding all others shall re-establish 
a State government which shall be republican, and in nowise contravening 
said oath, such shall be recognized as the true government of the State, 
and the State shall receive thereunder the benefits of the constitutional 
provision which declares that the United States shall guarantee to every 
State in this Union a republican form of government, and shall protect 
each of them against invasion; and, on application of the Legislature, or 
the Executive (when the Legislature cannot be convened), against do- 
mestic violence. 

And I do further proclaim, declare and make known that any pro- 
vision which may be adopted by such State government in relation to the 
freed people of such State, which shall recognize and declare their per- 
manent freedom, provide for their education, and which may yet be con- 
sistent, as a temporary arrangement, with their present condition as a 
laboring, landless and homeless class, will not be objected to by the National 
Executive. And it is suggested as not improper, that, in constructing a 
loyal State government i^n any State, the name of the State, the boundary, 
the subdivisions, the Constitution, and the general code of laws, as before 
the rebellion, be maintained, subject only to the modifications made 



Amnesty 32 Amnesty 

necessary by the conditions hereinbefore stated, and such others, if any, 
not contravening said conditions, and which may be deemed expedient by 
those framing the new State government. 

To avoid misunderstanding, it may be proper to say that this procla- 
mation so far as it relates to State governments, has no reference to States 
wherein loyal State governments have all the while been maintained, and 
for the same reason, it may be proper to further say that whether members 
sent to Congress from any State shall be admitted to seats, constitutionally 
rests exclusive with the respective Houses, and not to any extent with the 
Executive. And still further, that this proclamation is intended to pre- 
sent the people of the States wherein the National authority has been 
suspended, and loyal State governments have been subverted, a mode in 
and by which the National authority and loyal State governments may be 
re-established within said States, or in any of them; and, while the mode 
presented is the best the Executive can suggest, with his present impres- 
sions, it must not be understood that no other possible mode would be 
acceptable. 

Given under my hand, at the City of Washington, the 8th day of 
December, a. d., 1863, and of the independence of the United States of 
America the eighty-eighth. 

By the President: Abraham Lincoln. 

Wm. H. Seward, Secretary of State. 

Other Proclamations. On May 29, 1865, President 
Johnson issued a similar offer of amnesty, the oath being 
shorter, but of the same import. To the Hst of persons excepted 
from amnesty in Lincoln's proclamation Johnson added foreign 
agents of the Confederacy, Confederate soldiers or officers who 
were West Point "or Annapolis graduates, Governors of rebel 
States, deserters and persons worth over $20,000, and all who 
had taken the oath of the former proclamation and had broken 
it. 

On September 7, 1867, President Johnson issued the third 
proclamation of amnesty. The oath prescribed was not differ- 
ent from the two preceding, but the exceptions to the applica- 
tion of the amnesty were fewer. In this proclamation nobody 
was excepted except the Confederate President and Vice- 
President, heads of departments, army and navy officers of high 
rank, foreign agents, Governors of States and parties to the 
assassination of President Lincoln, It was more conciliatory 
than preceding proclamations. 



Amnesty 33 Annexation 

A similar proclamation was issued on July 4, 1868, offering 
full amnesty to all except those under indictment in a United 
States Court. The last proclamation growing out of the 
reconstruction period was that of December 25, 1868, offering 
pardon to all without the formality of an oath. See Amnesty. 

Amnesty, an act of pardon by an absolute monarch, or by 
legislative enactment in a republic or limited monarchy, by 
which the Government absolves a whole class of offenders from 
punishment (or from further punishment) for wrong doing. 
The act is made known by royal proclamation or by the passage . 
of a law by the legislative branch of Government. See Am- 
nesty, Proclamation of. 

Annapolis Convention, a meeting held at Annapolis, Mary- 
land, in September, 1786; it was important as leading to the 
call for the Constitutional Convention which met at Philadelphia 
in 1787. Its inception was due to a meeting of delegates of 
Virginia and Maryland in 1785, to discuss the respective rights 
of those two States in the Potomac River and Chesapeake Bay. 
A Virginia delegate, James Madison, suggested a future con- 
ference in which all the States should participate, for the 
consideration of a uniform system of commerce for the whole 
country. The various States accepted the suggestion, with the 
result that a convention with the above object met at Annapo- 
lis, as stated. The attendance was not encouraging, not enough 
representatives being present to warrant decisive action on any 
point. Alexander Hamilton proposed a resolution that a new 
convention of delegates meet as soon as expedient "to make 
the Constitution of the Federal Government adequate to the 
exigencies of the Union." This convention, the most moment- 
ous in the history of the United States, met in Philadelphia the 
next year. See Constitutional Convention. 

Annexation is the process by which a sovereign State ex- 
tends its jurisdiction over territory not previously belonging 
to it. Annexation is usually the result of an act of aggression; 
it may, however, be sought by the weaker power and accom- 
plished through diplomacy. The annexation of territory 
always leaves the laws and customs formerly existing in full 



Anti=Federalists 34 Anti=Federalists 

force, unless there is legislation or proclamation to the contrary. 
The best results in government of annexed territory are secured 
by causing as little change in laws and customs as possible. 

Annexations. The territory of the United States has been 
extended at various times by annexing lands acquired from 
foreign countries. The purchase of Louisiana in 1803 and the 
acquisition of Alaska in 1867 are illustrations of transfer of 
sovereign power by friendly negotiations. In 1898 the acquisi- 
tion of Porto Rico and the Philippine Islands illustrate the 
method by which territory is usually acquired. Our acquisition 
of these possessions grew out of our success at arms in the 
Spanish-American War. The annexation of California was 
forced from Mexico at the conclusion of the Mexican War, in 
1848. 

Anti=Federalists. The word Federalist was applied in the 
days prior to the adoption of the Constitution to those persons 
who were in favor of the ratification of that instrument; all 
who opposed such action were termed Anti-Federalists. The 
objections which were zealously proclaimed may be summarized 
as follows: [1] It was claimed that with dual governments, 
State within National, there would be strife and endless contest 
over proper division of authority; [2] as a result of such 
discord, one authority would speedily abandon its pretentions, 
the Federal Government either usurping the sovereign power 
of the States, or the central Government would fail and the 
States again know no higher authority than themselves, thus 
virtually dissolving the Union; [3] the Constitution contained 
no Bill of Rights or other safeguards of liberty. 

The Anti-Federalist party was recruited largely from that 
class of citizens who feared to experiment in the field of enlarged 
political relations, and who were suspicious that higher rates of 
taxation would be imposed, due to complicated schemes of 
government. The party did not defeat the Constitution, but 
succeeded in convincing the country that additional safeguards 
were essential; these were at once provided in the first ten 
Amendments. Within a few years changed National issues 
caused a new alignment of political parties. See Bill of 



Anti=Masonic Party 35 Anti=Monopoly Party 

Rights; Sovereign Power; Political Parties in the 
United States. 

Anti=Masonic Party. An instance of ill-advised intrusion 
of local issues into the domain of National political life may be 
cited in the Anti-Masonic party. In 1826, a man named 
William Morgan declared his intention of publishing a book 
revealing all the secrets of Masonry, of which order he had been 
once a member. On a petty charge, justly or unjustly, he had 
suffered brief imprisonment. On the night of his release, he 
was hurriedly taken to Niagara in a closed carriage by unknown 
captors and was never again seen or heard from. The mystery 
of his disappearance and the alleged motive therefor created 
the greatest possible sensation and raised in the minds of many 
people strong prejudice against the Masonic fraternity, which 
was openly charged with criminal knowledge of Morgan's fate. 
Their prejudice extended into politics, thousands of citizens 
refusing to vote for Masons for any public office. This feeling 
led the Republican party of the State of New York to offer to 
voters a State ticket upon which the name of no Mason appeared. 
An Anti-Masonic ticket was named in opposition, however, and 
while the new party drew but few votes in that canvass, it 
increased thereafter in strength rapidly. In 1831 the Anti- 
Masons nominated a National ticket which secured the electoral 
vote of Vermont, and in 1835 its nominee for Governor in 
Pennsylvania was elected. Soon thereafter its strength waned 
and its most devoted partisans turned to the Whig party, in 
which organization they formed for some years a strong factor. 
See Political Parties in the United States. 

Anti=Monopoly Party. The name of this organization 
fittingly expressed its platform of principles. Its period of 
greatest activity was in 1884, in which year it held a National 
convention in Chicago and named Benjamin F. Butler, of 
Massachusetts, for President of the United States. The plat- 
form adopted demanded a government administered with 
economy, the enactment and enforcement of laws which would 
equitably distribute burdens said to be borne largely by the 
poorer classes, an income tax, payment of the National debt 



Anti=Renters 36 Anti=War Democrats 

as it matured, and the election of United States Senators by 
direct vote of the people. The ticket polled 130,000 votes. 
One law demanded by the Anti-Monopolists has since been 
passed by Congress — the Interstate Commerce Law [q. v.]. See 
Political Parties in the United States. 

Anti=Renters, The. The patroon system of government 
once in vogue in Holland and introduced into America by 
Dutch settlers was responsible in the first third of the nineteenth 
century for an organization known as Anti-Renters, who from 
about 1840 to 1848 held the balance of political power in the 
State of New York. Large sections of eastern New York 
were originally parts of extensive estates belonging to the 
original settlers in that part of the country, the old Dutch 
patroons. These estates had from the first been subdivided 
and rented out to tenants, who held perpetual lease and paid 
for said tenancy in produce. After several generations, the 
tenants became dissatisfied with this arrangement and felt that 
they rightfully owned the land which had been for so long the 
homes of their forebears. The descendant of one of the old 
patroons named Van Rensselear attempted in 1839 to collect 
certain rents which had been long in arrears, and met with 
armed opposition. Renters disguised as Indians terrorized the 
region; attempts by the sheriff to force collections were in- 
variably defeated; the militia was summoned but was largely 
outnumbered. So strong were the Anti-Renters that for a 
number of years they dictated political affairs, defeating with 
ease any party which did not bend to their will. The trouble 
subsided only with the sale of the farms to the tenants on 
satisfactory terms. See Patroon Government. 

Anti=War Democrats. A certain section of the Demo- 
cratic party, of numerical strength sufficient to threaten the 
solidarity of the organization, have at two different crises in 
National affairs earned this title. During the War of 1812, a 
minority of the early Democratic party joined temporarily with 
the Federalists [q. v.] in opposing the conflict. Again, during 
the Civil War, the anti-war spirit was manifest in many ways, 
leading in 1864 to a resolution in the National Democratic 



Appeal 37 Appellate Court 

convention, declaring it to be ''the sense of the American people 
that after four years of failure to restore the Union by experi- 
ment of war, immediate efforts be made for a cessation of 
hostilities, with a view to an ultimate convention of the States 
to the end that peace may be restored on the basis of the Fed- 
eral union of all the States." Only a minority of the party 
accepted this view. See Political Parties in the United 
States. 

Appeal. An appeal in law is the means by which a case 
is carried from a lower court to a higher tribunal for review or 
for a new trial. Any cause so heard is said to be heard on 
appeal. In any criminal prosecution, the accused is not only 
guaranteed a speedy and impartial trial, but, if convicted, may, 
under certain conditions, demand that the case be reviewed 
by a higher court. The prosecution, however, may not appeal 
when it loses its case, for the Constitution safeguards the rights 
of citizens by a clause in Amendment V, which declares that 
no person shall ''be subject for the same offense to be twice put 
in jeopardy of life or limb." In civil cases the right of appeal 
by either party is limited only by the statutes governing the 
appellate jurisdiction [q. v.] of the courts, if the contending 
parties have funds sufficient to defray the expenses incident 
thereto. Appeals are usually asked for on the ground that the 
verdict of the jury was not in accord with the evidence sub- 
mitted, that the judge's charge to the jury was prejudicial in 
view of the evidence, or on exceptions to rulings of the court as 
to admission of testimony. 

Appellate Court. Any court. State or Federal, having 
jurisdiction over cases appealed from lower courts is called an 
Appellate Court. The powers of all courts are expressly stated 
in the legislative acts creating them. There are appellate 
courts whose only duty is to try appealed cases ; such a tribunal 
is frequently called a Court of Appeals. Others are organized 
with broader scope and may combine original jurisdiction 
with appellate jurisdiction. A County Court or Circuit Court 
often has appellate jurisdiction, having the power to try cases 
on appeal from Justice courts; in some States the Superior 



Appellate Jurisdiction 38 Appointment to Office 

Court is established to receive appeals from Circuit courts, and 
thus lessen the burden which would otherwise fall upon the 
Supreme Court of the State, whose time is largely devoted to 
cases appealed from County courts. See Appellate Juris- 
diction; Original Jurisdiction. 

Appellate Jurisdiction. A court which has power under 
the law to try cases which have been appealed from lower 
courts is said to have appellate jurisdiction. The organization 
of State and Federal judicial systems provides that cases of 
different natures shall be disposed of by courts of varying degree 
of dignity and power. Cases involving slight damages are 
tried first before inferior tribunals, but, in civil cases, either 
litigant is given the right of appeal to a higher court if not 
satisfied with the verdict rendered. In criminal cases the 
accused may appeal, but the prosecution (which is the people's 
side of the case) may not. Any court competent to hear 
appealed cases is, then, an appellate court. Nearly every 
State limits the privilege of appeal in civil cases on the basis 
of the money involved in the litigation; several States, for 
instance, decree that where the value in controversy does not 
exceed four hundred dollars the case cannot be carried to the 
State Supreme Court. In such event, both sides must be 
content with the judgment rendered in the next lower court. 
See Original Jurisdiction; Appellate Court; Civil Case, 

Appointment to Office. The President of the United States 
is clothed with vast powers of appointment of officers in the 
civil lists, but the Constitutional provision that the Senate 
shall confirm his choice of any man is an effective check upon 
rash or ill-advised selections. It is true that if a vacancy 
occurs during a recess of the Senate a Presidential appointment 
to the place is legal without confirmation, but the person so 
chosen may serve only until the end of the next session of the 
Senate; during said next session the appointment must 
be renewed or another appointment made, subject to approval 
in the usual manner. It may occur that the Executive may 
wish to name a man to a certain vacancy but he is assured 
that the Senate, then in session, will refuse to confirm. It will 



Apportionment 39 Apportionment 

not be possible in such case to withhold his action until the 
adjournment of the Senate and then make a temporary recess 
appointment; no salary can be paid to any appointive officer, 
if the vacancy he fills occurred while the Senate was in session, 
until confirmation takes place, and if Senate approval is refused 
he cannot receive any compensation whatever. 

Some of the Presidents have felt a personal responsibility 
for the quality of the men who have received office at their 
hands; this policy adds an immense .load to an already over- 
burdened Executive, because a great deal of time is required 
to investigate records and make decisions. Other Presidents 
have been content to accept the advice of heads of departments 
and members of Congress, and give personal attention only to 
the most important posts to be filled. For other phases of 
this question, see Civil Service; Civil Service Reform; 
Term of Office. 

Apportionment, a. pro rata assignment or distribution of 
Representatives which the various States are entitled to send 
to Congress. This assignment is always made by Congress, 
within three years after each Federal census. [See Constitu- 
tion OF THE United States; Art. I, Sec. 2, Clause 3.] The 
word also refers to the distribution of direct taxes, whether 
National, State, county, township or municipal. 

An apportionment of members of Congress might be based 
wholly upon geographical divisions, as "two from each State," 
or a dozen from a State; or upon numbers, as ''one for every 
thirty thousand." The former method was decided upon in 
determining the number of United States Senators; the latter 
plan, in fixing the number of members which should comprise 
the first House of Representatives. 

The framers of the Constitution made the first apportion- 
ment of members in the House of Representatives on the best 
information which could be obtained. There had as yet been 
no careful census, but steps were taken at once to provide one. 
[See Constitution of the United States, Art. I, Sec. 2, 
Clause 3.] In the meantime, until the First Census was com- 
pleted, it was declared "The number of Representatives shall 



Apportionment 40 Apportionment 

not exceed one for every thirty thousand, but each State shall 
have at least one Representative." 

The First Census was taken in 1790, and in 1792 the first 
apportionment by Congress was made. It was decided that the 
ratio should be one Representative for every 33,000 people, with 
the result that for the ensuing ten years the House contained 
105 members. The next appoi'tionment was in 1802, following 
the census of 1800; the ratio of the previous ten years was retain- 
ed, and the increase in population added 36 members, making a 
a total of 141. The various censuses from 1800 to the present 
time, with total population of the country, ratio of representa- 
tion and number of House members, appears in the table below: 





Number of 


Ratio 




Number of Ratio of 


Period 


Members 


Popula- 
tion 


Period 


Members 


Popula- 
lation 


1789-1793 


65 




1853-1863 


234 


93,423 


1793-1803 


105 


33,000 


1863-1873 


241 


127,381 


1803-1813 


141 


33,000 


1873-1883 


292 


131,425 


1813-1823 


181 


35,000 


1883-1893 


325 


151,911 


1823-1833 


212 


40,000 


1893-1903 


356 


173,901 


1833-1843 


240 


47,700 


1903-1913 


386 


194,182 


1843-1853 


223 


70,680 


1913-1923 







The exact manner of determining the size of the House 
and the basis of House representation was for years a trouble- 
some question. Not until 1850 was the method of procedure 
satisfactorily determined. In that year a law called the Vinton 
Bill (taking its name from its author, an Ohio Congressman) 
was passed, providing for a House for the ensuing ten years of 
233 members. By the further provisions of the bill, the popu- 
lation of the country was to be divided by 233, the resulting 
quotient being the ratio of representation, or the number of 
constituents each member should represent. Then, using the 
population of any given State as the dividend, the ratio as the 
divisor, the new quotient gave the number of Representatives 
which the State was privileged to elect. So fair was the result 
of the operation of this law that its provisions have been 
followed every ten years since its enactment. After the number 
of Representatives for any ten-year period has been announced, 



Apportionment 



41 



Apportionment 



the only circumstance that can effect a change in the member- 
ship is the admission of a new State. In such event, its Repre- 
sentatives would increase this total. Each State's Representa- 
tives are chosen from Congressional districts within the State, 
organized according to State legislative enactment. [See 
Representative.] 



The following table shows the ratio of representation and the members of the 
House allotted to each State since the foundation of the Government 



1 d 1 


d 


d 


o 


d 


.d 


o 


CO 


^ 


lO 


^ 


._; 


(N 




S§ ^ 


° en 


§ § 


o 
o 


s§ 


"oii 


3=° 


3-*: 


gcq 




g'S 




"2 












mo 




23 o 


tnco 








MCO 


moj 






CO C 


CO C 




CtI* 


S^ 


C[- 


Cos 


CC^1 


Ceo 


CiO 


Ct, 


Cos 














^r, 


















.1:^ o C 


O C 


n C 




O n 


O o 


O o 


^O 


O 


o ^ 


O 


O^ 






























Cons 
Rat 

1S00 


^ 2 

rt 00 


1 ° 
K a. 


03 

Pi 


°1 
ooK 




00 Ch 


00 P^ 


CO cS 






SI 


SI 


Alabama 










3 


5 


7 


7 


6 


8 


8 


9 


9 


Arkansas. . . . 














1 


2 


3 


4 


6 


6 


/ 


California 
















2 


3 


4 


6 


V 


8 


Colorado 




















1 


1 


2 


3 


Connecticut . . . 


5 


7 


7 


7 


fi 


6 


4 


4 


4 


4 


4 


4 


5 


Delaware 


1 


1 


1 


2 


1 


1 


1 


1 


1 


1 


1 


1 


1 


Florida 
















1 


1 


2 


2 


2 


3 


Georgia 


. 3 


2 


4 


6 


7 


9 


8 


8 


V 


9 


10 


11 


11 


Idaho 






















1 


1 


1 


Illinois 












1 


3 


7 


9 


14 


19 


20 


22 


25 


Indiana 












3 


7 


10 


11 


11 


13 


13 


13 


13 


Iowa 


















2 


6 


9 


11 


11 


11 


Kansas 




















1 


3 


V 


8 


8 


Kentucky 






2 


1 





12 


13 


10 


io 


9 


LO 


11 


11 


11 


Louisiana 












3 


3 


4 


4 


5 


6 


6 


6 


7 


Maine. ........ 




1 , 








7 


8 


7 


6 


5 


6 


4 


4 


4 


Maryland 


6 


8 


9 


9 


9 


8 


6 


6 


5 


6 


6 


6 


6 


Massachusetts . 


8 1 


4 1 


7 2 


) 


13 


12 


10 


11 


10 


It 


12 


13 


14 


Michigan 














3 


4 


6 


9 


11 


12 


12 


Minnesota .... 


















2 


2 


3 


b 


V 


9 


Mississippi. . . . 












1 


2 


4 


5 


5 


6 


7 


7 


8 


Missouri 












1 


2 





V 


9 


13 


14 


lo 


16 


Montana 
























1 


1 


1 


Nebraska 




















i 


1 


3 


6 


6 


Nevada 




















1 


1 


1 


1 


1 


N. Hampshire. 


3 


4 


5 


6 


6 


5 


4 


3 


3 


3 


2 


2 


2 


New Jersey. . . 


4 


5 


6 


f) 


6 


6 


5 


5 


5 


7 


V 


8 


10 


New York. . . . 


6 1 


:) 1 


7 2 


7 


34 


40 


34 


33 


31 


33 


34 


34 


37 


No. Carolina. . 


5 1 


1 


2 1 


3 


13 


13 


9 


8 


7 


8 


9 


9 


10 


No. Dakota. . . 






















1 


1 


?! 


Ohio 








6 


14 


19 


21 


21 


19 


20 


21 


21 


21 


Oregon 
















1 


1 


1 


1 


2 


2 


Pennsylvania . 


. 8 1 


3 1 


S 2 


3 


26 


28 


24 


26 


24 


27 


28 


30 


32 


Rhode Island . 


1 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


So. Carolina . . 


5 


6 


8 


9 


9 


9 


7 


6 


4 


5 


7 


7 


7 


So. Dakota. . . . 






















2 


2 


2 


Tennessee 






3 


« 


9 


13 


11 


10 


8 


10 


10 


10 


10 


Texas 












, . 


, , 


2 


4 


6 


11 


13 


16 


Utah 
























1 


1 


Vermont 




2 


4 


6 


o 


5 


4 


3 


3 


3 


2 


2 


2 


Virginia 


. 10 1 


9 2 


2 2 


3 


22 


21 


15 


13 


11 


9 


10 


in 


10 


Washington . . 






















1 


2 


3 


W. Virginia. . . 
















• . 




3 


4 


4 


5 


Wisconsin 
















3 


6 


8 


9 


10 


11 


Wyoming 




















293 


1 


1 

357 


1 


Totals 


. 65 1 


05 1 


41 1 


81 


213 


240 


223 


237 


243 


332 


386 



Oklahoma adds five to total in last column. 



Appraiser 42 Arbitration 

The number of Senators of the United States never varies 
except by admission of new States or by the failure of a State 
temporarily to elect. The latter occasionally occurs, but no 
interests usually suffer save those of the State whose Senatorial 
representation is involved. See Senator. 

Appraiser, an officer attached to each customhouse, whose 
duty consists in fixing values upon imports. It is upon the 
values thus placed that duties are levied. 

Appropriations. The various allotments of money voted 
by Congress every two years to provide running expenses of the 
Government are included in a bill called the Appropriation Bill. 
No branch of the Government service may expend more during 
any two fiscal years than the sum set aside in the appropriations 
for that period. The various departments make representa- 
tions to Congress naming the sums estimated to be needed by 
them, but with Congress rests the responsibility of weighing 
all claims judicially and fixing the amounts which can be 
allowed. Even with the exercise of strict economy, the biennial 
appropriations now exceed one billion dollars. Each Congress 
passes one general Appropriation Bill during its two years' 
existence, and may pass other bills of the same nature under 
the general heading of emergency bills. The following is a list 
of the different objects for which appropriations are made: 

Deficiencies. Indians Pensions. 

Legislative, Executive Rivers and harbors. Consular and Diplo- 

and Judicial. Forts and fortifications. matic. 

Sundry civil. Military Academy. Agricultural Depart- 

Army. Post-office Department. ment. 

Navy. Miscellaneous. District of Columbia. 

Arbitration. The hearing and determining of a disputed 
question by disinterested persons previously selected is called 
a settlement by arbitration; in government, the adjustment 
of a controversy between two nations by a person or persons 
mutually agreed upon, who are citizens or subjects of a third 
power. Oftentimes the ruler of a third power consents to act 
as arbitrator. From the decision of the arbitrator or the 
arbitration board there is no appeal. When very grave differ- 



Arbitration 43 Aristocracy 

ences arise between nations, affecting their political welfare, 
the difficulty is usually adjusted by treaty. 

There are at present no statutes, either State or Federal, 
compelling arbitration of differences in the industrial world, 
but the sentiment of the whole country is such that compulsory 
arbitration laws will soon be in force in many commonwealths. 
See International Arbitration; Hague Tribunal. 

Arbitration, International. See International Arbi- 
tration. 

Arbitration, International Court of. See Hague 
Tribunal. 

Arbor Day, a day set apart by the statutes of many States 
for the planting of trees for the preservation of forest areas. 
The first official suggestion relative to tree planting under 
State authority was made in Connecticut in 1865, by the State 
Board of Education. Nebraska has the honor of first naming 
a day to be especially devoted to the task. In 1872 the Gov- 
ernor of that State in a proclamation appointed a day for the 
planting of young trees throughout the commonwealth, and 
urged the public schools to take the lead in the matter. The 
idea became instantly popular, and in 1875 the Legislature made 
Arbor Day a legal holiday. Nebraska's example was followed 
soon by Kansas; Minnesota first observed the day in 1876; 
Michigan passed an Arbor Day law in 1881, and Ohio in 1882. 
These pioneer States in the movement have set an example 
which has been followed by more than twenty others. It is 
said that over a million and a half trees have been planted in 
Minnesota since Arbor Day was established there, and that 
over 7,000,000 are in a thriving condition on the prairies of 
Nebraska, due entirely to the enthusiasm with which the day is 
celebrated. 

Aristocracy is that form of government in which control 
is held in the hands of a few nobles, self-appointed. In case 
the King of England should be banished from his realm by 
princes, dukes and earls, acting in harmony, and these conspir- 
ators should assume the reins of authority, the Government 
thus established would be an aristocracy. If the conspirators 



Arizona 44 Arkansas 

were not of royal birth or princely rank, but simply strong 
subjects of the former monarch, the Government established 
by their act would be called an oligarchy. 

Arizona. The Territory of Arizona originally formed a 
part of Mexico. It was ceded to the United States with New 
Mexico on February 2, 1848, with the exception of that part south 
of the Gila River, which did not become United States territory 
until the Gadsden Purchase, in 1854. Arizona and New 
Mexico were governed jointly until February 24, 1863, when 
they were separated, and each received a Territorial form of 
Government. Agitation for Statehood has been strong in Ariz- 
ona since about 1895, but its citizens have thus far been unable 
to overcome the objections of Congress, which may be partly 
due to political reasons, but more to the large foreign element 
among the population. 

Government. The chief Executive officer is the Governor, 
who is appointed by the President of the United States for a 
term of four years, with the approval of the Senate. Judges 
of the Supreme Court are also appointed by the President. 
The people of the Territory choose their own Legislature, and 
may pass laws for their government, but every act so passed 
is subject to the scrutiny of Congress. As in common to all 
Territories, Arizona elects one Delegate to Congress; he may 
takepartin all debates affecting his Territory, but he has no vote. 

Arkansas. Until the Louisiana Purchase in 1803, Ar- 
kansas was a part of the vast French possessions in this country. 
From 1805 to 1812 it formed a part of Louisiana Territory, 
and from 1812 to 1819 it was joined to Missouri Territory. In 
the latter year, it was given a Territorial form of govern- 
ment, and in 1836 was admitted to Statehood. At the out- 
break of the Civil War, the attitude of Arkansas was in doubt, 
but within a few months the State joined its fortunes with 
the Confederacy. It was readmitted to the Union in 1868. 

Government. Arkansas is now governed under its second 
State Constitution, which dates from 1874. The officers of the 
State are the Governor, Secretary of State, State Treasurer, 
State Auditor, Attorney-General, and Superintendent of Public 



Armory 



45 



Army 




STATE SEAL OF ARKANSAS. 



Instruction, who are chosen for two years and are eligible to 
re-election. The Legislature consists of 35 Senators and 100 
Representatives; the Senators are chosen for four years and 
the Representatives for two years; one-half of the Senators are 
chosen every second year. Sessions of the Legislature are held 
biennially and are limited in time to 60 days, except that a two- 
thirds' vote of each House may extend its sessions longer. The 
judiciary consists of the Supreme Court 
and of Circuit, County, Probate and 
Justice courts. The Supreme Court is 
composed of the Chief Justice and four 
Associate Justices, elected for terms of 
eight years. No person can vote in 
Arkansas who does not pay an annual 
poll tax; the usual requirements as to 
length of residence in State, county, 
and township prevail. 

Armory. An armory is a building for the use of a body 
of militia [q. v.], including general storage for arms and 
equipments, also drill-rooms, etc. Some armories are 
equipped with many of the appointments of a clubhouse. 

Army, an organization of troops formed into companies, 
regiments, brigades and divisions, placed under the orders of 
one commander, with general and subordinate staffs and ad- 
ministrative departments, provided with all necessary war 
material and designed to act against an enemy, at home or 
abroad. Armies have existed since before the dawn of civiliza- 
tion, and in scientific development as fighting machines have 
kept pace with the progress of the liberal arts. Every nation 
in the world maintains a standing army; many of the Govern- 
ments of Europe today are very heavily burdened by the ex- 
penditures necessary to maintain the military arm. The 
following data give accurate information relative to the land 
forces of the principal countries of the world; the figures change 
but little in times of peace. For purposes of comparisons, 
the naval strength is also given. The latest figures obtainable 
are printed: 



Army 



46 



Army and Navy 



Country. 



Abyssinia 

Afghanistan 

Argentina 

Australian CommonwUth 

Austria-Hungary 

Belgium 

Bolivia 

Brazil 

Candad* 

Chile 

China 

Columbia 

Costa Rica 

Cuba 

Denmark 

Ecuador 

Egypt 

France 

Germany 

^ Great Britain . 

Greece 

Guatemala 

Haiti 

Honduras 

Italy 

Japan 

Kongo State 

Mexico 

Morocco 

Nepal 

Netherlands 

Nicaragua 

Norwayt 

Panama 

Paraguay 

Persia 

Peru 

Portugal 

Roumania 

Russia 

Salvador 

Santo Domingo 

Servia 

Siam 

Spain 

Sweden 

Switzerland 

Turkey 

United Statest 

Uruguay 

Venezuela 



Peace 
footing 



150,000 

60,000 

120,000 

69,414 

38/, 452 

49,769 

243,158 

28,000 

55,765 

5,657 

200,000 

5,000 

6,000 

3,720 

9,769 

4,379 

15,916 

605,102 

589,676 

272,133 

29,000 

7,000 

7,478 

25,000 

264,516 

220,000 

15,736 

26,595 

12,400 

30,000 

41,055 

2,000 

30,900 

300 

1,161 

130,000 

4,000 

111,137 

66,120 

1,200,000 

3,000 

1,300 

160,507 

21,000 

83,000 

62,536 

235,957 

375,000 

68,272 

5,800 

9,600 



War 

footing. 



500,000 



2,234,000 
180,000 



150,000 



67,448 
95,000 



1,290,000 

3,000,000 

753,077 

50,000 

86,900 



2,222,637 
800,000 



79,600 
40,000 



68,000 
40,000 
95,000 



105,500 



287,964 

170,000 

4,600,000 

21,000 



300,000 

10,000 

220,000 

340,831 



987,900 



40,000 
60,000 



Navy. 



Ships? Men. 



27 

11 

100 



44 



28 

56 

11 

2 



26 
2 



582 

178 

614 

29 



144 
193 



15 
1 



86 



50 

2 

3 

3 

5 

69 

25 

197 

1 

3 

1 

22 

34 

73 



33 

167 

3 



5,000 

1,185 

11,993 



Total of 
armed 
forces. 



8,800 



130 



25,500 

33,500 

129,000 

4,000 



26,799 
36,080 



1,163 



10,760 



1,550 
50 



60,000 
' 5,666 



32,355 

46,963 

184 



150,000 

60,000 

125,000 

70,599 

399,445 

49,769 

82,560 

36,800 

55,765 

5,657 

200,000 

5,000 

6,000 

3,720 

9,769 

4,509 

15,916 

630,602 

623,176 

401,133 

33,000 

7,000 

7,478 

25,000 

291,315 

256,080 

15,736 

27,758 

12,400 

39,681 

51,815 

2,006 

32,450 

350 

1,161 

130,000 

4,000 

111,137 

66,120 

,260,000 

3,000 

6,000 

160,000 

26,000 

83,000 

62,536 

235,957 

375,000 

100,627 

5,984 

9,600 



Annual 

cost of army 

and navy. 



$32,900,000 

5,000,000 
65,989,335 
12,812,422 

1,000,000 
47,000,000 

5,496,090 
11,904,848 
17,000,000 

1,775,582 



4,879,555 

1,365,000 

2,836,795 

260,943,206 

244,243,000 

308,325,000 

5,640,386 

1,077,000 



232,262 
80,098,429 
39,687,228 

i7,652,766 



17,429,194 

650,000 

6,599,750 



650,000 

1,260,000 

2,457,300 

11,126,060 

12,192,000 

242,219,621 

1,202,836 



4,662,336 



39,118,233 

14,476,873 

7,912,431 

22,000,000 

200,049,678 

2,231,182 

2,210,913 



♦Active militia. -fTroops of the line. Jin 1906. Authorized standing army 
100,000. gWarships of all kinds except these absolutely worthless, includiag 
torpedo boats, submarines, guard boats, etc. u Appropriations of 1907. 

See Army of the United Statbis. 

Army, Enlistment in the. See Enlistment in Army 
AND Navy. 

Army, Officers of the. See Officers of the Army. 

Army and Navy, Comparative Rank. See Comparative 
Rank in Army and Navy. 



Army of the United States 47 Army of the United States 

Army of the United States. Upon Congress is placed the 
responsibility of providing and equipping the military power 
of the country. The force thus authorized and maintained is 
called the regular army, or standing army, and is not to be 
confused with volunteer armies which have been raised to 
defend the Union in various crises. In times of peace a small 
army only is required, to guard frontiers and to garrison posts 
or stations established at various points to protect the country 
from sudden insurrection. The President of the United States 
is commander-in-chief of the military and naval forces; in the 
proper discharge of his duties in this connection his powers are 
limited only by the laws enacted by Congress; the routine of 
the War Department is entirely in his hands. 

The army is divided into fourteen Departments; the head- 
quarters of each division is centrally located and seldom 
changed. The ranking officer assigned to each Department 
usually serves two or three years in one place and then is trans- 
ferred to another. The names and boundaries of the Depart- 
ments are as follows: 

Department of the East — New England States, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, District of Columbia, West Virginia, 
Virginia, the island of Porto Rico and the islands and keys adjacent 
thereto; headquarters, Governor's Island, New York 
Department of the Gulf — Embraces the states of North and South 
Carolina, Tennessee, Georgia, Florida, Alabama, Louisiana and Missis- 
sippi; headquarters at Atlanta, Ga. 
Department of the Lakes — States of Wisconsin, Michigan, Illinois, 

Indiana, Ohio and Kentucky; headquarters, Chicago, 111. 
Department of the Missouri — States of Iowa, Nebraska, Missouri, 
'l^ Kansas, South Dakota and Wyoming (except Yellowstone National 

Park) ; headquarters, Omaha, Neb. 
Department of Dakota — States of Minnesota, North Dakota, Montana 
and so much of Wyoming and Idaho as is embraced in the Yellowstone 
National Park; headquarters, St. Paul, Minn. 
Department op Texas — Embraces States of Texas, Arkansas and Okla- 
homa; headquarters, San Antonio, Tex. 
Department op the Colorado — States of Colorado and Utah and the 

Territories of Arizona and New Mexico; headquarters, Denver, Colo. 
Department of California — States of California and Nevada, the 
Hawaiian Islands and their dependencies; headquarters, San Francisco, 
Cal. 



Army of the United States 48 Army of the United States 

Department of the Columbia — States of Washington, Oregon, Idaho 
(except so much of the latter as is embraced in the Yellowstone National 
Park) and the Territory of Alaska; headquarters, Vancouver barracks, 
Washington. 

Division of the Philippines — Consisting of the departments of Luzon, 
Visayas and Mindanao. 

Department of Luzon — Includes all that portion of the Philippine archi- 
pelago lying north of a line passing southeastwardly through the west 
pass of Apo, or Mindoro strait, to the 12th parallel of north latitude, 
thence east along said parallel to the 124th degree 10 minutes east of 
Greenwich, but including the entire island of Masbate, thence north to 
San Bernardino straits; headquarters, Manila, P. I. 

Department of the Visayas — Includes all islands south of the southern 
line of the Department of Luzon east of longitude 121 degrees 45 minutes 
east of Greenwich and north of the 9th parallel of latitude, excepting the 
islands of Mindanao and Paragua and all islands east of the straits of 
Surigao; headquarters, Iloilo, P. I. 

Department of Mindanao — Includes all the remaining islands of the 
Philippine archipelago; headquarters, Zamboanga, P. I. 

The commissioned officers of the army, in order of rank, 
are General, Lieutenant-General, Major-General, Brigadier- 
General, Colonel, Lieutenant-Colonel, Major, Captain, First 
Lieutenant, Second Lieutenant, Chaplain. The uncommis- 
sioned officers are Sergeants and Corporals. [See these names 
in alphabetical order, for further particulars. See, also, Com- 
parative Rank in Army and Navy.] The authorized strength 
of the army, in officers and men, is given on page 49. 

The various branches of the army submit to the Secre- 
tary of War their estimates of the amount of money required 
to maintain the service, and the Secretary submits these 
statements to the President. The Executive forwards to 
Congress his report on the subject, and this may include his 
special recommendation on any or all items. The Army 
Appropriation Bill is framed with these various reports as a 
basis. Whatever appropriation is made is expended under the 
general direction of the Secretary of War, and the accounts 
are audited by the Auditor of the War Department. No sum 
can be expended on any item not specified in the current 
Appropriation Bill, nor is it lawful during any two-year 
period to exceed in expenditures the amount appropriated. 



Army of the United States 


49 Army of the United States 


mo 
•-1 

P 2 

S'n * 

o?> 

c3g 

Cn° P" 


O 
s ^ 

O 


O ►^ Ct) 

c o •■ 
• o 


g 

-t 
a 

-! 

3 


3 t 

11 


5 ? 

c 

5^ 


o^S^'^a) ^CD fo ELS cn O-o S-ct-O) 2 "rt-!^ 

g-^-<:M rg £. g p ■ 

P • ST. • ED 5 „- « -1 • 


CD ^ 

5 <^ 




• 1-1 

• CD 

■ °s. 

• 5 

• CD 








c. 




t 


f 


^ 
















las 3 










3 
































3 

Ct> 

3 








i^-2. 






































<^^ 








■a » 
















































3s 














































1 Lieutenant- 


PC 


1— 1 






— ' 




































^ 1 General. 1 


?- 












































Major-Gen- 




M 






<I 


































^ 


^ erals. 


^o 


N3 






N2 
















-1 Brigadier- 




^ 






-i 














— <■ 1— 1|— '1— 't— 'h- 'h-lt-lh- 'H^h- 'H-' 


-" Generals. 


O P" 




















-i cc 




















§,» 


^ 






h- ' 






O I*' Oi 


On 


1— ' 
1— 'OlOCOCDCOOitOCOOi 


Colonels. 


53 rt- 
CD » 


tr, 






W 














i_j 












00 h^ 


!_, 


1—1 (— ' 


Lieutenant- 


Oi 






CO 






O rfi- C5 


On 


tOC005kl^tOrf^COCOt*>.^ 


Colonels 


S^ 


Cn 






J1 














<•*■> 






M 






CO h(^ 1— ' 


ht^ H-' CO to C55 to H- 


Majors. 


o2 


CK 






» 






. o to to 


Cnh-^OSCOtOOOCOOOJCOO 






















a!:i 


















^S 


,'"' 




'"' 






t(^ to 


to 












Captains. 


5 < 


Ol 


y,^ 


0^ 






Ol H-'Oi 


to 


H-i to ht' to 


t0 05 












O 


h^ 


CO 






0005 


Cn 


00 Oi COCn • ^O 












to 




ND 












* 
to 












Assistant 




o 




O 












o 












Surgeons. 


01 ^ 
1/5 CD 


H- 




w. 


























First Lieu- 




)-mi 




O 






k;^ to 


to 




















O 3 


h- i 


Oi i-i 


rt^ 






Ol I-' M 


to 


h-* to h;^ 


















on 


GOO 


CO 






OOOO 


on 


GOCn CO 


















5o 


Oi t-- 


on 






rf^ -^rco 


to 






i4^ 
















Second 


CD 


GOO 


■o 






OT CD H- 


to 






CO 
















Lieutenants 




Ol 




00 






O 


on 
























■^ g. 


05 


• ■ a: 






CO h-- 
O >J^05 


1— ' 
■ Oi 






1—' 
















Chaplains. 


-P 


»J^ 




ro 










Total com- 


•^3 




I—" 


«D 






• Oi Cn to 


VI h- CO 


missioned 


>4^ 


h-'co 


CO 






■ ojooo 


03 *- 00 00 C71 to rf^ CD h- h- to 


to Officers. 




w 


05 h-' 


Oi 


■ ■ ■ O COOi 


h-Cnt005CnCDCOtOh*»-03tO'<Ii*»- 


to 1 


p-CD 


^ 




02 


to h-" 














1 
• Enlisted 


§•■<! 

nS 




lOOi 


CO 
on 


>-' Cn CO Cji 


: OJ 


: h-i to 
• "to ^ O 


• -1-tObO 








; men. 


ss 


OJ 


OM 


05 


^ to hJ^ Cn to rf^ 


■ CO 




oo 










&cr; 


OS 


00 


»4^ 


1— ' 


Oi 


O 


O 


o 


t-* 


Cn 


• 05 




to 


o 


to 






o 


o 











Army War College 50 Army War College 

Salaries. At present there is no officer of the grade of 
General of the Army. Philip Sheridan, the last officer to bear 
the honor, received a salary of $13,500 per year. Below the 
highest rank the salaries are as follows: 

Lieutenant-General $11,000 Battalion and Squadron Adju- 

Major-General 7,500 tants $1,800 

Brigadier-General 5,500 Regimental Commissary 1,800 

Colonel 3,500 Battalion and Squadron Quar- 

Lieutenant-Colonel 3,000 termasters and Commissaries 1,600 

Major 2,500 First Lieut., mounted 1,600 

Captain, mounted 2,000 First Lieut., not mounted. .. . 1,500 

Captain, not mounted 1,800 Second Lieut., mounted 1,500 

Regimental Adjutant 2,000 Second Lieut., not mounted. . . 1,400 

Regimental Quartermaster. 2,000 Chaplain 1,800 

Each commissioned officer below the rank of Brigadier- 
General receives an increase of ten per cent in pay every five 
years until an increase of forty per cent is reached; the above 
figures are minimum. Officers retire from active service at 
the age of sixty-four, and upon retirement receive seventy- 
five per cent of the salary of which they were in receipt when 
the age limit was reached. 

The pay of private soldiers is thirteen dollars per month, 
at time of enlistment; to this, one dollar per month is added 
for the third year, one dollar more per month for the fourth 
year, one more per month during the fifth year, two more each 
month during the sixth, and if he continues longer in the 
service one more dollar per month is added for every five 
years' service. 

Army War College, a department of the United States 
military establishment, authorized by Congress in 1900, with 
headquarters at Washington. Its object is to systematize the 
various departments of instruction at the several institutions 
where military and naval instruction is given, to develop these 
systems and to give opportunity for advanced professional 
study of military problems. The officers and faculty of the 
College study the military organizations of the United States 
with regard to a complete understanding of the efficiency of 
the army; they constitute an advisory board to which the 



Arsenal 51 Articles of Confederation 

Secretary of War may turn at any time for advice on any point 
in the conduct of the mihtary service. 

Arsenal, a Government building or reservation where 
munitions of war are either manufactured or stored. At differ- 
ent times in the history of the United States since 1812 the 
number of arsenals has varied from fewer than a dozen to 
twenty-five. Since the Civil War the number has greatly 
decreased. The permanent arsenals, on which the Govern- 
ment has expended very large sums of money, are at Springfield, 
Massachusetts; Rock Island, Illinois; Fort Monroe, Virginia; 
Allegheny, Pennsylvania; Fort Leavenworth, Kansas; San 
Antonio, Texas. At Springfield all the small arms used by the 
army are manufactured. 

Articles of Confederation. The Articles of Confederation 
served from 1781 to 1789 as the constitution or fundamental 
law of the United States. At the outbreak of the Revolutionary 
War,- each new State, hitherto a colony of Great Britain, was 
an independent sovereignty; the exigencies of the situation 
showed urgent need of some definite plan of general government 
to cope with the country's foe. The Colonial Congress was in 
session; it was composed of delegates from all the States, but 
there was lack of unity and cohesion, except on the one principle 
of independence of the mother country. In June, 1776, a 
committee was appointed "to prepare and digest the form of 
a confederation to be entered into between these colonies." 
The committee was headed by John Dickinson of Delaware, 
and was composed of one delegate from each State. The draft 
of the Articles was presented to the Congress on July 12, 1776, 
and debated until August 20th, when it was 'temporarily laid 
aside for almost a year. The document was taken up again 
for reconsideration in April, 1777, debated at various times, 
and freely amended until finally adopted on November 15, 
1777. It was not to be put into effect, however, until the 
various States had ratified it; such approval was secured on the 
following dates: 

South Carolina February 5, 1778 Rhode Island February 9, 1778 

New York February 6, 1778 Connecticut February 12, 1778 



Articles of Confederation 52 ^ Articles of Confederation 

Georgia February 26, 1778 New Jersey November 19, 1778 

New Hampshire March 4, 1778 Virginia December 15, 1778 

Pennsylvania March 5, 1778 Delaware February 1, 1779 

Massachusetts March 10, 1778 Maryland January 30, 1781 
North Carolina April 5, 1778 

The formal announcement that all the States had ratified 
the Articles was made March 1, 1781, and on the next day 
Congress assembled under the new powers delegated by the 
document. -^ 

The Articles provided for a semi-union of the various 
States, but in the Confederation the central Government 
was given little power. It could not levy taxes, but was 
dependent for revenue for general purposes on the voluntary 
response of the various States to requisitions of Congress; it 
could not control foreign commerce; it could not force any 
individual State to obey any law passed by Congress, and it 
could not enforce its authority by arresting individual offending 
officials. In Congress each State was to have one vote, the 
majority of the members of the State delegation deciding what 
that vote should be. The States were to have not fewer than 
two and not more than seven members each in Congress; the 
term was for three years, and no member was eligible to two 
successive terms. No power of Congress on any important 
matter could be exercised until the question had received a 
prior affirmative vote of at least nine of the thirteen States. 

The singleness of purpose of the revolutionists carried 
them successfully through the war period, even with a con- 
stitution so fundamentally defective, but after the close of the 
war the imperfections of the system became more and more 
apparent, and finally, after two years' discussion, the Articles 
were replaced in 1789 by the Federal Constitution. [See 
Annapolis Convention; Constitution of the United 
States.] 

The full text of the Articles of Confederation appears below : 

Articles of Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay, Rhode Island and Providence 
Plantations, Connecticut, New York, New Jersey, Pennsylvania, Dela- 
ware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. 



Articles of Confederation 53 Articles of Confederation 

Article I. — The style of this Confederacy shall be, "The United 
States of America." 

Art. II. — Each State retains its sovereignty, freedom, and inde- 
pendence, and every power, jurisdiction, and right, which is not by this 
Confederation expressly delegated to the United States in Congress as- 
sembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon them, 
or any of them, on account of religion, sovereignty, trade, or any other 
pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship and 
intercourse among the people of the different States in this Union, the free 
inhabitants of each of these States, paupers, vagabonds, and fugitives 
from justice excepted, shall be entitled to all privileges and immunities 
of free citizens in the several States; and the people of each State shall 
have free ingress and egress to and from any other State, and shall enjoy 
therein all the privileges of trade and commerce, subject to the same duties, 
impositions, and restrictions as the inhabitants thereof respectively; pro- 
vided, that such restrictions shall not extend so far as to prevent the re- 
moval of property imported into any State to any other State of which the 
owner is an inhabitant; provided also, that no imposition, duties, or 
restrictions shall be laid by any State on the property of the United States 
or either of them. If any person guilty of, or charged with, treason, 
felony, or other high misdemeanor in any State shall flee from justice and 
be found in any of the United States, he shall, upon demand of the governor 
or executive power of the State from which he fled, be delivered up and 
removed to the State having jurisdiction of his offense. Full faith and 
credit shall be given in each of these States to the records, acts, and judicial 
proceedings of the courts and magistrates of every other State. 

Art. V. — For the more convenient management of the general in- 
terests of the United States, delegates shall be annually appointed in such 
manner as the Legislature of each State shall direct, to meet in Congress 
on the first Monday in November, in every year, with a power reserved to 
each State to recall its delegates, or any of them, at any time within the 
year, and to send others in their stead for the remainder of. the year. No 
State shall be represented in Congress by less than two, nor by more than 
seven members; and no person shall be capable of being a delegate for 
more than three years in any term of six years; nor shall any person, being 
a delegate, be capable of holding any office under the United States for 
which he, or another for his benefit, receives any salary, fees, or emolu- 
ment of any kind. Each State shall maintain its own delegates in any 
meeting of the States and while they act as members of the Committee of 



Articles of Confederation 54 Articles of Confederation 



the States. In determining questions in the United States in Congress 
assembled, each State shall have one vote. Freedom of speech and debate 
in Congress shall not be impeached or questioned in any court or place 
out of Congress; and the members of Congress shall be protected in their 
persons from arrests and imprisonment during the time of their going to 
and from, and attendance on. Congress, except for treason, felony, or 
breach of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state; nor shall any person holding any office of profit 
or trust under the United States, or any of them, accept of any present, 
emolument, office, or title of any kind whatever, from any king, prince, 
or foreign state; nor shall the United States, in Congress assembled, or 
any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United States, 
in Congress assembled, specifying accurately the purposes for which the 
sa,me is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Congress 
assembled, with any king, prince, or state, in pursuance of any treaties 
already proposed by Congress to the courts of France and Spain. 

No vessel of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States, in Congress assembled, for the defense of such State or its trade, 
nor shall any body of forces be kept up by any State in time of peace, 
except such number only as, in the judgment of the United States, in Con- 
gress assembled, shall be deemed requisite to garrison the forts necessary 
for the defense of such State ; but every State shall always keep up a well- 
regulated and disciplined militia, sufficiently armed and accoutred, and 
shall provide and constantly have ready for use in public stores a due 
number of field-pieces and tents, and a proper quantity of arms, ammuni- 
tion, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded by 
enemies, or shall have received certain advice of a resolution being formed 
by some nation of Indians to invade such State, and the danger is so im- 
minent as not to admit of a delay till the United States, in Congress as- 
sembled, can be consulted; nor shall any State grant commissions to any 
ships or vessels of war, nor letters of marque or reprisal, except it be after 
a declaration of war by the United States, in Congress assembled, and 
then only against the kingdom or state, and the subjects thereof, against 
which war has been so declared, and under such regulations as shall be 



Articles of Confederation 55 Articles of Confederation 



established by the United States, in Congress assembled, unless such State 
be infested by pirates, in which case vessels of war may be fitted out for 
that occasion, and kept so long as the danger shall continue, or until the 
United States, in Congress assembled, shall determine otherwise. 

Art. VII. — When land forces are raised by any State for the com- 
mon defense, all officers of or under the rank of Colonel shall be appointed 
by the Legislature of each State respectively by whom such forces shall 
be raised, or in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appointment. 

Art. VIII. — All charges of war, and all other expenses that shall be 
incurred for the common defense, or general welfare, and allowed by the 
United States, in Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States in proportion to 
the value of all land within each State, granted to, or surveyed for, any 
person, as such land and the buildings and improvements thereon shall 
be estimated, according to such mode as the United States, in Congress 
assembled, shall, from time to time, direct and appoint. The taxes for 
paying that proportion shall be laid and levied by the authority and direc- 
tion of the Legislatures of the several States, within the time agreed upon 
by the United States, in Congress assembled. 

Art. IX.— The United States, in Congress assembled, shall have the 
sole and exclusive right and power of determining on peace and war, ex- 
cept in the cases mentioned in the sixth Article; of sending and receiving 
ambassadors; entering into treaties and alliances, provided that no treaty 
of commerce shall be made, whereby the legislative power of the respec- 
tive States shall be restrained from imposing such imposts and duties on 
foreigners as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or commodities what- 
ever; of establishing rules for deciding, in all cases, what captures on land 
and water shall be legal, and in what manner prizes taken by land or naval 
forces in the service of the United States shall be divided or appropriated; 
of granting letters of marque and reprisal in times of peace; appointing 
courts for the trial of piracies and felonies committed on the high seas; 
and establishing courts for receiving and determining finally appeals in 
all cases of captures; provided that no member of Congress shall be ap- 
pointed a judge of any of the said courts. 

The United States, in Congress assembled, shall also be the la!st 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; which authority shall always 
be exercised in the manner following: Whenever the legislative or ex- 
ecutive authority, or lawful agent of any State in controversy with another, 
shall present a petition to Congress, stating the matter in question, and 
praying for a hearing, notice thereof shall be given by order of Congress 



Articles of Confederation 56 Articles of Confederation 



to the legislative or executive authority of the other State in controversy, 
and a day assigned for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the matter in 
question; but if they cannot agree, Congress shall name three persons out 
of each of the United States, and from the list of such persons each party 
shall alternately strike out one, the petitioners beginning, until the num- 
ber shall be reduced to thirteen; and from that number not less than seven 
nor more than nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot; and the persons whose names shall be 
so drawn, or any five of them, shall be commissioners or judges, to hear 
and finally determine the controversy, so always as a major part of the 
judges who shall hear the cause shall agree in the determination; and if 
either party shall neglect to attend at the day appointed, without showing 
reasons which Congress shall judge sufficient, or being present, shall refuse 
to strike, the Congress shall proceed to nominate three persons out of each 
State, and the secretary of Congress shall strike in behalf of such party 
absent or refusing; and the judgment and sentence of the court, to be 
appointed in the manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall never- 
theless proceed to pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence and other pro- 
ceedings being in either case transmitted to Congress, and lodged among 
the acts of Congress for the security of the parties concerned; provided, 
that every commissioner, before he sits in judgment, shall take an oath, 
to be administered by one of the judges of the supreme or superior court 
of the State where the case shall be tried, "well and truly to hear and 
determine the matter in question, according to the best of his judgment, 
without favor, affection, or hope of reward." Provided, also, that no 
State shall be deprived of territory for the benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are adjusted, 
the said grants or either of them being at the same time claimed to have 
originated antecedent to such settlement of jurisdiction, shall, on the 
petition of either party to the Congress of the United States, be finally 
determined, as near as may be, in the same manner as is before prescribed 
for deciding disputes respecting territorial jurisdiction between different 
States. 

The United States, in Congress assembled, shall also have the sole 
and exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States; fixing 
the standard of weights and measures throughout the United States; 



Articles of Confederation 57 Articles of Confederation 



regulating the trade and managing all affairs with the Indians, not mem- 
bers of any of the States; provided that the legislative right of any State, 
within its own limits, be not infringed or violated ; establishing and regulat- 
ing post-offices from one State to another, throughout all the United 
States, and exacting such postage on the papers passing through the same 
as may be requisite to defray the expenses of the said office; appointing 
all officers of the land forces in the service of the United States, excepting 
regimental officers; appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the United States; 
making rules for the government and regulation of the said land and naval 
forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denominated 
"A Committee of the States," and to consist of one delegate from each 
State, and to appoint such other committees and civil officers as may be 
necessary for managing the general affairs of the United States under their 
direction; to appoint one of their number to preside; provided that no 
person be allowed to serve in the ofl&ce of president more than one year 
in any term of three years; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appropriate and apply 
the same for defraying the public expenses; to borrow money or emit bills 
on the credit of the United States, transmitting every half year to the 
respective States an account of the sums of money so borrowed or emitted; 
to build and equip a navy; to agree upon the number of land forces, and 
to make requisitions from each State for its quota, in proportion to the 
number of white inhabitants in such State, which requisition shall be 
binding; and thereupon the Legislature of each State shall appoint the 
regimental officers, raise the men, and clothe, arm, and equip them in a 
soldier-like manner, at the expense of the United States; and the officers 
and men so clothed, armed, and equipped shall march to the place ap- 
pointed, and within the time agreed on by the United States, in Congress 
assembled; but if the United States, in Congress assembled, shall, on con- 
sideration of circumstances, judge proper that any State should not raise 
men, or should raise a smaller number than its quota, and that any other 
State should raise a greater number of men than the quota thereof, such 
extra number shall be raised, officered, clothed, armed, and equipped in 
the same manner as the quota of such State, unless the Legislature of such 
State shall judge that such extra number cannot be safely spared out of 
the same, in which case they shall raise, officer, clothe, arm, and equip as 
many of such extra number as they judge can be safely spared, and the 
officers and men so clothed, armed, and equipped shall march to the place 
appointed, and within the time agreed on by the United States, in Con- 
gress assembled. 



Articles of Confederation 58 Articles of Confederation 



The United States, in Congress assembled, shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor enter 
into any treaties or alliances, nor coin money, nor regulate the value 
thereof, nor ascertain the sums and expenses necessary for the defense 
and welfare of the United States, or any of them, nor emit bills, nor bor- 
row money on the credit of the United States, nor appropriate money, nor 
agree upon the number of vessels of war to be built or purchased, or the 
number of land or sea forces to be raised, nor appoint a commander-in- 
chief of the army or navy, unless nine States assent to the same, nor shall 
a question on any other point, except for adjourning from day to day, be 
determined, unless by the votes of a majority of the United States, in 
Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space of 
six months, and shall publish the journal of their proceedings monthly, 
except such parts thereof relating to treaties, alliances, or military opera- 
tions as in their judgment require secrecy; and the yeas and nays of the 
delegates of each State, on any question, shall be entered on the journal 
when it is desired by any delegate ; and the delegates of a State, or any of 
them, at his or their request, shall be furnished with a transcript of the 
said journal except such parts as are above excepted, to lay before the 
Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers of 
Congress as the United States, in Congress assembled, by the consent of 
nine States, shall, from time to time, think expedient to vest them with; 
provided that no power be delegated to the said Committee, for the ex- 
ercise of which, by the Articles of Confederation, the voice of nine States 
in the Congress of the United States assembled is requisite. 

Art. XI. — Canada, acceding to this Confederation, and joining in 
the measures of the United States, shall be admitted into, and entitled to 
all the advantages of this Union; but no other colony shall be admitted 
into the same, unless such admission be agreed to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present Confederation, shall be 
deemed and considered as a charge against the United States, for payment 
and satisfaction whereof the said United States and the public faith are 
hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this Con- 
federation are submitted to them. And the Articles of this Confedera- 
tion shall be inviolably observed by every State, and the Union shall be 



Articles of Confederation 59 Articles of Confederation 



perpetual; nor shall any alteration at any time hereafter be made in any 
of them, unless such alteration be agreed to in a Congress of the United 
States, and be afterwards confirmed by the Legislatures of every State. 
And whereas it hath pleased the great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in Congress 
to approve of, and to authorize us to ratify, the said Articles of Confedera- 
tion and perpetual Union, know ye, that we, the undersigned delegates, 
by virtue of the power and authority to us given for that purpose, do, by 
these presents, in the name and in behalf of our respective constituents, 
fully and entirely ratify and confirm each and every of the said Articles 
of Confederation and perpetual Union, and all and singular the matters 
and things therein contained. And we do further solemnly plight and 
engage the faith of our respective constituents, that they shall abide by 
the determinations of the United States, in Congress assembled, on all 
questions which by the said Confederation are submitted to them; and 
that the Articles thereof shall be inviolably observed by the States we 
respectively represent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in Congress. 

Done at Philadelphia, in the State of Pennsylvania, the ninth day 

of July in the year of our Lord one thousand seven hundred and 

seventy-eight, and in the third year of the independence of America. 

On the part and behalf of the State of New Hampshire. 

JosiAH Bartlett, John Wentworth, Junr. 

August 8, 1778. 
On the part and behalf of the State of Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the State of Rhode Island and Providence Plantations. 
William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the State of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York. 
Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and in behalf of the State of New Jersey, Novr. 26,. 1778. 
Jno. Witherspoon, Nathl. Scudder. 

On the part and behalf of the State of Pennsylvania. 
RoBT. Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, 22d July, 1778. 

Jona. Bayard Smith 



Articles of War 60 Artillery 

On the part and behalf of the State of Delaware. 
Tho. M'Kean, Feby. 12, 1779. Nicholas Van Dyke. 

John Dickinson, May 5th, 1779. 

On the 'part and behalf of the State of Maryland. 
John Hanson, Daniel Carroll, 

March 1, 1781. Mar. 1, 1781. 

On the part and behalf of the State of Virginia. 
Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the State of No. Carolina. 
John Penn. July 21st, 1778. Jno. Williams. ' 

Corns. Harnett, 

On the part and behalf of the State of South Carolina. 
Henry Laurens, Richd. Hutson, 

William Henry Drayton, Thos. Hayward, Junr. 

Jno. Mathews, 

On the part and behalf of the State of Georgia. 
Jno. Walton, 24th July, 1778. Edwd. Langworthy. 

Edwd. Telfair, 

Articles of War, the code of regulations for the government 
of the army and navy of the United States. Congress not 
only is the only authority which can declare war, but it is its 
duty also to legislate on all matters pertaining to the military 
and naval establishments, except that it cannot deprive the 
President of the United States of the exercise of his proper 
functions as commander-in-chief. This authority is conferred 
upon him by the Constitution. 

Artillery, the name given to that division of an army 
which fights with heavy guns; it is also applied to the heavy 
ordnance of modern warfare, such as cannon, mortars, howitzers, 
machine guns, etc., composing its equipment. In ancient 
and medieval times, all offensive weapons of whatever size, and 
all engines for the projection of missiles, even to bows and ar- 
rows, were classed as artillery. 

The artillery branch of a modern army takes an important 
part in siege operations and in long-continued battles, where 
from comparatively fixed positions the gunners hurl heavy 
projectiles into the ranks of an enemy. As a rule, artillery 
companies move slowly from one position to another, except 



Ashburton Treaty 61 Associate Justice 

the detachments serving machine guns and other light ordnance. 
In the army of the United States, as authorized by the act of 
1901, there are 126 companies of coast artillery, 28 batteries 
of field artillery, 2 siege batteries and 10 artillery corps bands. 
A company, or battery, is composed of three or four commis- 
sioned officers and from 80 to 90 privates and non-commissioned 
officers. See Cavalry; Infantry. 

Ashburton Treaty. See Webster-Ashburton Treaty. 

Assay, a term used in metallurgy to denote the chemical 
operation by which the proportions of precious metal and alloy 
are determined. The word also refers to the substance to be 
examined, and may be applied, as well, to the result of such a 
test. See Assay Office. 

Assay Office, a laboratory maintained by the Government 
for examining ores, in which the chief assayer is called the 
assay master. To this office the citizen may bring his gold 
bullion and receive its value in money, less a certain fixed 
charge, called seigniorage [q. v.]. There are now seven assay 
offices, located at New York City; St. Louis, Mo.; Helena, 
Mont.; Boise, Idaho; Charlotte, N. C; Denver, Colo.; San 
Francisco, Cal.; and Seattle, Washington. An act of Congress 
may remove any of these to other locations or cause any to 
be abandoned. 

Assembly, the name by which law-making bodies are called 
in certain States; another name for Legislature or General 
Assembly. Each State Constitution dictates the legal name 
by which its law-making department shall be known. The 
word is also applied occasionally to the legislative department 
of a city government, although Council and Board of Aldermen 
are commoner terms. 

Assembly, Right of. See Right of Assembly. 

Associate Justice. The title given to each of the eight 
members who, with the Chief Justice, constitute the Supreme 
Court of the United States. All the Justices are appointed by 
the President, with the consent of the Senate, and serve for life 
or during good behavior. When a Justice reaches the age of 
seventy years, he is entitled to honorable retirement on full pay, 



Attache 62 Attorney=QeneraI 

provided he has served ten years. In public prints, the title 
of a Justice of the Supreme Court is sometimes erroneously 
given as Judge; the more dignified title of Justice should always 
be used, as befits an occupant of the most exalted bench in the 
world; thus, Mr. Justice Brewer. The salary of an Associate 
Justice is $12,000. See Chief Justice; Supreme Court. 

Attache, Military. Each embassy or legation in the 
diplomatic organization of all modern countries includes in its 
personnel, in addition to the regular diplomatic retinue, a 
military or naval officer whose duty is to keep himself thoroughly 
informed with respect to everything that takes place in military 
or naval matters; such facts as mobilization, armament and 
equipment of the Government to whom the attache is accredited 
are reported regularly to the home Government. In a sense, 
the military or naval attache is a spy, but as his position is 
well understood, and as the Government spied upon maintains 
a similar official in the capital of the attache's home Govern- 
ment, the arrangement is considered satisfactory on both sides. 
The task assigned this official is one of great delicacy, and 
requires on occasion the highest diplomacy. 

Attainder, a word borrowed from the practice of English 
law, meaning the extinction of all civil rights and privileges in 
an individual, involving possible forfeiture of property and its 
seizure by the Government, thus depriving legal heirs of their 
property rights. In ancient and pagan times not only did the 
accused suffer all the penalties above mentioned, but instances 
are on record involving death sentence, in which the eldest son 
was forced to share the fate of his father, on the theory that 
the son had inherited the same evil tendencies and would later 
become a public menace. See Bill of Attainder. 

Attainder, Bill of. See Bill of Attainder. 

Attorney=Qeneral. The Judicial Department of the Federal 
Government was created by act of Congress m 1870, and the 
Attorney-General was placed at its head. Previous to this date 
there had existed since the foundation of the Government the 
office of Attorney-General, although he had not been recognized 
as the head of a distinct Department. The act of 1789 creating 



Attorney-General 



63 



Attorney-General 



this office specified that it should be the duty of the Attorney- 
General to appear in the name of the Government in all suits 
in the Supreme Court to which the-United States should be a 
party; he was also charged with the duty of giving his advice 
and opinion upon all questions of law, when required to do so 
by the President or the head of any Executive department. 
In 1861, by act of Congress, he was given general superintend- 
ence of United States Attorneys and United States Marshals 
in all of the Judicial districts of the States and Territories. 

While the Attorney-General has occupied his seat as a 
Cabinet member throughout the whole history of the country, 
yet for many years his salary was not as large as that given to 
other Cabinet members, for the reason that he was not recog- 
nized as the head of a Department.' At first he received a salary 
of SI, 500 and it was continued at this rate until 1850, when it 
was made $6^000, the same as other members of the Cabinet 
received; in 1853 it was made $8,000, and in 1873 it was raised 
to $10,000; in 1874 it was reduced to $8,000, and in 1906 
raised to $12,000. See Justice, Department of. 

The names of those who have served as Attorney-General 
of the United States are as follows : 
Edmund Randolph, Virginia, 

William Bradford, Pennsylvania, 

Charles Lee, . Virginia, 



Theophilus Parsons, 
Levi Lincoln, 
Robert Smith, 
John Breckenridge, 
Caesar A. Rodney, 
William Pinkney, 
Richard Rush, 
William Wirt, 
J. McPherson Berrien, 
Roger B. Taney, 
Benjamin F. Butler, 
Felix Grundy, 
Henry D. Gilpin, 
John J. Crittenden, 
Hugh S. Legare, 
John Nelson, 



Massachusetts, 

Massachusetts, 

Maryland, 

Kentucky, 

Delaware, 

Maryland, 

Pennsylvania, 

Virginia, 

Georgia, 

Maryland, 

New York, 

Tennessee, 

Pennsylvania, 

Kentucky, 

South Carolina, 

Maryland, 



Appointed Sept. 26, 1789. 
" Jan. 28, 1794. 

Dec. 10, 1795. 

Feb. 20, 1801. 

March 5, 1801. 
" March 2, 1805. 

" Aug. 7, 1805. 

Jan. 20, 1807. 

Dec. 11, 1811. 
" Feb. 10, 1814. 
" Nov. 13, 1817. 
" March 9, 1829. 
" July 20, 1831. 
" Nov. 15, 1833 

Sept. 1, 1838. 
" Jan. 10, 1840. 

March 5, 1841 

Sept. 13, 1841. 
" July 1, 1843. 



Auditor 



64 



Australian Ballot 



John Y. Mason, 

Nathan Clifford, 
Isaac Toucey, 
Reverdy Johnson, 
John J. Crittenden, 
Caleb Gushing, 
Jeremiah S. Black, 
Edwin M. Stanton, 
Edward Bates, 
Titian J. Coffey, ad int., 
James Speed, 
Henry Stanbery, 
William M. Evarts, 
E. R. Hoar, 
Amos T. Ackerman, 
George H. Williams, 
Edwards Pierrepont, 
Alphonso Taft, 
Charles Devens, 
Wayne McVeagh, 
Benjamin H. Brewster, 
Augustus H. Garland, 
William H. H. Miller, 
Richard Olney, 
Judson Harmon, 
Joseph McKenna, 
John W. Griggs, 
Philander C. Knox, 
William H. Moody, 
Charles J. Bonaparte, 



Virginia, 

Maine, 

Connecticut, 

Maryland, 

Kentucky, 

Massachusetts, 

Pennsylvania, 

Pennsylvania, 

Missouri, 

Pennsylvania, 

Kentucky, 

Ohio, 

New York, 

Massachusetts, 

Georgia, 

Oregon, 

New York, 

Ohio, 

Massachusetts, 

Pennsylvania, 

Pennsylvania, 

Arkansas, 

Indiana, 

Massachusetts, 

Ohio, 

California, 

New Jersey, 

Pennsylvania, 

Massachusetts, 

Maryland, 



Appointed March 5, 1845. 

Oct. 17, 1846. 

June 21, 1848. 

March 7, 1849. 

July 20, 1850. 

March 7, 1853. 

March 6, 1857. 

Dec. 20, 1860. 
" March 5, 1861. 

June 22, 1863. 

Dec. 2, 1864. 
■" July 23, 1866. 

July 15, 1868. 

March 5, 1869. 
" June 23, 1870. 

" Dec. 14, 1871. 

April 26, 1875. 
" May 22, 1876. 

March 12, 1877 

March 5, 1881. 

Dec. 19, 1881. 

March 6, 1885. 

March 5, 1889. 
" March 6, 1893. 

June 8, 1895. 

March 5, 1897. 

Jan. 22, 1898. 

April 5, 1901. 

July 1, 1904. 

Dec. 3, 1906. 



Auditor, a person appointed or elected to examine into 
the financial affairs of a company, corporation, municipality, 
or of a State or Nation, and to certify as to their accuracy. 
A county auditor passes upon all bills against his county; a 
State auditor performs a like service in behalf of the State. 
Wherever the laws do not provide for the office of auditor, an 
auditing board, composed of elective officers, is always a part 
of the political organization. In the United States Government 
six auditors are attached to the Treasury Department. 

Australian Ballot, a plan of voting at elections which 
combines a specially prepared ballot with personal security of 



Australian Ballot 65 Australian Ballot 

the voter from public scrutiny. This form of ballot was intro- 
duced from Australia, where in the southern provinces it was 
first used about 1852. In England the system was adopted 
in 1872; it was first used as an experiment in the direction of 
ballot reform in the United States in 1887, in the State of 
Massachusetts. So admirable were its provisions, effectually 
preventing corruption and intimidation of the weak voter at 
the polls, that within four years twenty-eight States had adopted 
the system, with only slight modifications. Now almost every 
State has officially adopted it. 

The ticket used in voting under the Australian system is 
provided by State or local election authorities and contains 
the names of all nominees for office of all political parties 
participating in the election; no ballot is permitted in the 
hands of any person before the polls are opened; the seal of the 
package containing the ballots to be used is broken in the pres- 
ence of the judges of election at the polling places on election 
morning. Each voter is handed a ballot previously marked 
with the initials of an inspector, as a means of establishing the 
validity of the sheet, and he carries it to an enclosed booth, 
where he may mark it as he pleases, thus secretly expressing 
his choice of persons to be elected. The voter indicates his 
choice by crosses placed opposite the names of the persons 
preferred; or he may place a single cross opposite the name 
of his party, if he desires to vote a "straight" ticket. 



B 



Bachelor President. The only unmarried man who became 
President of the United States and remained single during 
his entire term of office was James Buchanan. Grover Cleve- 
land was unmarried during the first fifteen months of his first 
administration; he was married in the Executive Mansion, 
to Miss Frances Folsom, on June 2, 1886. The designation, 
bachelor President, applies to Buchanan alone. 

Bail, the security accepted by a court for the temporary 
release of a prisoner from the custody of an officer, pending the 
trial of his case. The signatures of two reputable property 
owners are usually required on bail bonds, and these signers 
become responsible to the court for the appearance of the 
accused when wanted. They forfeit to the State the amount 
named in the document if the prisoner escapes and cannot 
readily be found. The term is used also to denote the 
persons who volunteer as sureties for the accused. See -Bond. 

Bail Bond. See Bond. 

Balance of Power [a] in a legislative body, that power 
held by a small proportion of its members who can join either 
of two opposing factions and by that act create a majority. 
.One hundred Republicans opposed by an equal number of 
Democrats render definite action by either impossible; one 
or two other persons belonging to the same body but with dif- 
ferent party affiliations may by favoring either principal element 
break a tie vote. Under such circumstances they would hold 
the balance of power, [b] A finely adjusted and evenly 
balanced state of affairs among nations, by which no single 
nation or a number acting in harmony may acquire power that 
may endanger the welfare of any other nation or the peace of 
a continent. 

Balance of Trade, the difference between the value of the 
imports and exports of a nation. When the exports of the 
United States are greater during any one year than its imports, 
the balance of trade is said to be in our favor, for more money 

66 



Ballot 67 Ballot 

is paid us for our products than we are obliged to spend abroad 
in the purchase of what we do not produce. If we purchase 
from other countries more than we sell them, the balance of 
trade is against us. That country is most prosperous which 
always has a good credit balance abroad. 

Ballot. Any vote taken in such a manner that the choice 
of each individual voter is kept secret is called a ballot; also, 
the piece of paper or other material on which the choice of the 
voter is expressed. The ballot, in some form, is almost as old 
as civilization; the methods of recording fairly the citizen's 
choice in public matters have covered a wide range — from 
depositing colored stones in a box to the Australian ballot 
[q. v.] and the voting machine [q. v.]. In Athens, at the height 
of its ancient glory, balls of stone or metal were used as ballots. 
Those black in color or having a hole in the center expressed 
condemnation of a man or disapproval of a measure; white 
or unpierced pieces indicated acquittal or approval. Ballots 
were first used in Rome about 140 B. C, and were first of 
metal, changing later in cases before the law to written initials: 
A for absolvo, C for condemno and A^. L. for non liquet. 

Ballots were first used in England in 1662, in deciding a 
measure which proposed' the ostracism of certain officials against 
whom was charged unfitness to hold public office. The plan 
of voting was as follows: Each member of Parliament wrote 
on paper, in penmanship disguised as much as possible, the 
names of those officials he charged as incompetent and corrupt. 
The pieces of paper were deposited in a bag, which was at once 
sealed and passed to the King and his counsellors. The method 
of voting was repudiated by the King and no form of ballot 
was again attempted until 1705, when a member of Parliament 
proposed a secret vote to protect members from Court influence. 
Not until 1782 was the ballot in anything like its present-day 
forms generally adopted in Great Britain in municipal and 
Parliamentary elections. 

In the United States, where the whole system and practice 
of government is determined by choice of the people, it has 
been vitally essential that the strongest safeguards be thrown 



Ballot Box Stuffing 68 Banishment 

around the ballot, the medium through which the people's 
desires find direct expression. Paper ballots were used in all 
the colonies from dates of earliest settlement, although there 
was no legislation on the subject until 1776, when a form of 
voting by means of the paper ballot was prescribed in several 
State Constitutions. Greater than the question of material 
out of which the ballot should be made has been that of securing 
honest elections and preserving the purity of the ballot. After 
trying every device that ingenuity can suggest, no safer method 
of voting has yet been found than the Australian ballot; voting 
machines are yet practically untried, but bid fair to supersede 
every other method when once their adaptability has been 
demonstrated. 

Ballot Box Stuffing is the name applied to a method of 
committing fraud at elections. By skillfully arranging two 
or more ballots so that they appear as one, a dishonest voter 
is enabled to cast several votes. By the adoption of more 
stringent election laws than were formerly in force, such as 
careful registration of voters and an official check upon those 
offering to vote, this evil has been greatly lessened. Heavy 
penalties are imposed for illegal voting. 

Banishment implies forcible and lawful exclusion of a 
person from a country. Originally it meant simply exclusion 
of a person from the protection of the law and the society of 
his fellow-men, always for some sufficient reason. Since the 
day of Magna Charta in England, it has been unlawful to pro- 
nounce a decree of banishment against any person, except by 
the judgment of his peers, by due process of law. Acts of 
Parliament within the past hundred years have m».de it illegal 
to deport citizens of Great Britain; they must be punished in 
the province in which their alleged crimes are committed. In 
the United States, no citizen may be deprived of his citizenship 
by banishment. There are numerous instances of expulsion 
from our shores of mischief-making foreigners, who have no 
right to the protection of our laws when engaged in a propa- 
ganda against established society; such deportation is in 
no sense banishment. 



Bank 69 Bank 

Bank. A bank may be defined, in brief, as an institution 
which receives money in trust on deposit and which loans 
money at interest. Its profits are largely represented by the 
excess of interest on the money it loans over the interest it pays 
on the money deposited with it. A bank will also cash checks 
and drafts drawn upon other banks, and it issues drafts payable 
in other cities by previous arrangement of credits with the 
banks on which its drafts are drawn. For these services a 
small fee, called exchange, is exacted, which adds considerably 
to its revenue. 

The first bank established in the United States was 
chartered by the Government, and either Federal or State 
authority has since continued largely in control of the general 
business of banking. The organization and management of 
banks has frequently been a political issue of sufficient im- 
portance to create serious discord, as in 1837, when President 
Jackson's influence was strong enough to prevent the passage 
of an act renewing the charter of the Bank of the United States 
[see United States Bank]. 

Banks are of three general classes: private, State and 
National. The first class flourish as purely private enterprises, 
without direct supervision by any Government authority. 
They are to be trusted to the extent that the community 
supporting them have faith in the honesty and financial ability 
of the owners. State banks are organized under carefully 
drawn State laws which prescribe the methods under which 
they must be conducted; there is provision for frequent 
publication of the general condition of the bank, and at inter- 
vals the books are audited by attaches of the office of the 
State bank examiner. The public's strongest assurance of the 
stability of State banks lies in this publicity. 

National banks derive their name from the fact of their 
organization, by private capital, under general banking laws 
prescribed by Congress; they must not be confused with United 
States Banks, of which there have been but two in the history 
of the country. National banks offer the greatest measure of 
security, although the statement is not to the disparagement 



Bink of the United States 70 Bank Bill 

of those banks organized under conservative State laws. The 
Federal Government exercises watchful supervision over all 
National banks and in case of the failure of such an institution, 
the Treasury Department appoints a receiver, who winds up 
its affairs under the personal direction of the Comptroller of the 
Currency. The principal provisions of the National Bank Law 
are as follows: 

In towns having a population of 3,000 or less the minimum capital 
allowed is $25,000. In towns of between 3,000 and 6,000 people the 
minimum capital allowed is $50,000; and in cities and towns having a 
population of 6,000 or more but not exceeding 50,000, the minimum capital 
must be $100,000; while in cities of over 50,000 people the bank must have 
a capital of at least $200,000. There is no limit to the amount of capital 
above $200,000. 

Every National bank must purchase and deliver to the Treasurer of 
the United States registered U. S. bonds to an amount not less than $50,000, 
except banks with a capital of $150,000, or less; the minimum amount of 
bonds required is one quarter of the capital. 

The Government then issues and delivers to the bank circulating 
notes in denominations of $5, $10, $20, $50, $100, as desired, in total 
amount equal to the par value of the bonds deposited. A bank may de- 
posit bonds and receive circulating notes to an amount equal to its capital. 

Each bank is required to make a sworn statement of its condition to 
the Comptroller of the Currency at Washington at least five times a year, 
and to publish the same in a newspaper. Two examinations a year are 
made by capable men employed by the Government as National bank 
examiners, their visits being always without notice. 

Requirement is made in the National bank act for the accumulation 
of a siu-plus by each bank from its earnings as an additional protection 
above its capital to the depositors. The depositors are further protected 
against loss by the liability of each stockholder to the payment of an 
amount equal to the par value of the stock held, in event of failure of the 
bank. 

Bank of the United States. See United States Bank. 

Bank Bill, a note of a National bank, circulating as money, 
the value and redemption of which are guaranteed by a sufficient 
deposit of United States bonds with the Treasurer of the United 
States. There are several advantages to the country in this 
National bank circulating medium; the holder of such a note 
is absolutely assured of its value by the Federal Government; 
each bank must receive the notes of every other bank, on 



Bank Note 71 Bankrupt Law 

presentation, at par; by law these notes are legal tender in 
payment of all debts and dues, except for duties on imports; 
the currency is of uniform value throughout the country. The 
stable nature of National bank currency is in striking contrast 
with the " wildcat currency" [q. v.] of former days. See Bank; 
Money; Currency. 

Bank Note, a term frequently applied to a bank bill [q. v.]. 

Bankrupt, a person, usually in trade, who is unable to 
meet his financial obligations and is without credit. A bank- 
rupt is discharged from his indebtedness upon full surrender of 
all his property to a court for equitable distribution among his 
creditors. See Bankrupt Law. 

Bankrupt Law, a law providing a method by which an 
insolvent may be relieved of his indebtedness. The laws of 
all civilized countries prescribe some reasonable means of 
satisfying the creditors of a man who finds himself without 
further resources, so far as it is possible to satisfy them. The 
Constitution provides that Congress shall establish uniform 
laws on the subject of bankruptcy throughout the United 
States. Not only are such laws designed for the protection 
of creditors, but they secure a measure of justice to the debtor, 
when justly administered. "Bankrupt and insolvent laws are 
intended to secure the application of the effects of the debtor 
to the payment of his debts, and then to relieve him from the 
weight of them." [Kent.] 

The National Bankrupt Act of 1898 makes the following 
general provisions for the relief of those who are compelled to 
become bankrupt: 

Who May Become Bankrupts. — [a] Any person who owes debts, 
except a corporation, shall be entitled to the benefits of this act as a volun- 
tary bankrupt. 

[b] Any natural person (except a wage-earner or a person engaged 
chiefly in farming or the tillage of the soil), any unincorporated company 
and any corporation engaged principally in manufacturing, trading, print- 
ing, publishing or mercantile pursuits, owing debts to the amount of one 
thousand dollars or over, may be adjudged as involuntary bankrupt upon 
default or an impartial trial, and shall be subject to the provisions and en- 
titled to the benefits of this act. Private bankers, but not National banks 



Bankrupt Law 72 Bankrupt Law 

or banks incorporated under State or Territorial laws, may be adjudged 
involuntary bankrupts. 

Duties of Bankrupts. — [a] The bankrupt shall [1] attend the first 
meeting of his creditors, if directed by the court or a judge thereof to do 
so, and the hearing upon his application for a discharge, if filed; [2] comply 
with all lawful orders of the court; [3] examine the correctness of all proofs 
of claims filed against his estate; [4] execute and deliver such papers as 
shall be ordered by the court; [5] execute to his trustee transfers of all his 
property in foreign countries; [6] immediately inform his trustee of any 
attempt, by his creditors or other persons, to evade the provisions of this 
act, coming to his knowledge; [7] in case of any person having to his knowl- 
edge proved a false claim against his estate, disclose that fact immediately 
to his trustee; [8] prepare, make oath to, and file in court within ten days, 
unless further time is granted, after the adjudication, if an involuntary 
bankrupt, and with the petition, if a voluntary bankrupt, a schedule of his 
property, showing the amount and kind of property, the location thereof, 
its money value in detail, and a list of his creditors, showing their residences, 
if known [if unknown that fact to be stated], the amount due each of them, 
the consideration thereof, the security held by them, if any, and a claim 
for such exemptions as he may be entitled to, all in triplicate, one copy of 
each for the clerk, one for the referee and for the trustee; and [9] when 
present at the first meeting of his creditors, and at such other times as the 
court shall order, submit to an examination concerning the conducting of 
his business, the cause of his bankruptcy, his dealings with his creditors 
and other persons, the amount, kind and whereabouts of his property, and, 
in addition, all matters which may affect the administration and settle- 
ment of his estate; but no testimony given by him shall be offered in evi- 
dence against him in any criminal proceedings. 

Provided, however, that he shall not be required to attend a meeting 
of his creditors, or at or for an examination at a place more than one hun- 
dred and fifty miles distant from his home or principal place of business, 
or to examine claims except when presented to him, unless ordered by the 
court, or a judge thereof, for cause shown, and the bankrupt shall be paid 
his actual expenses from the estate when examined or required to attend 
at any place other than the city, town or village of his residence. 

The Arrest of a Bankrupt — A bankrupt is exempt from arrest upon 
civil process except when such process is issued from a court of bankruptcy 
for contempt or disobedience of its lawful orders; or on occasions when 
issued from a State court having jurisdiction and served within such State, 
on the ground that the claim or debt was one from which a discharge in 
bankruptcy would not be a release. 

Death of a Debtor. — In case of the death or insanity of a debtor pro- 
ceedings will not be abated, but will be conducted and concluded, as far 
as possible, as though he had not died or become insane. 



Barnburners 73 Barnburners 

Settlements with Creditors. — Terms of settlement may be offered 
after, but not before, a bankrupt has been examined in open court or at a 
meeting of his creditors and filed in court the schedule of his property and 
list of his creditors. If it is accepted by a majority of all the creditors 
whose claims have been allowed it may be confirmed by the court. Settle- 
ments, however, may be set aside for fraud. 

Discharge of a Debtor. — An application for a discharge in bank- 
ruptcy may be filed after the expiration of one month and within the next 
twelve months subsequent to being adjudged a bankrupt, or, if it is shown 
that the bankrupt was unavoidably prevented from fihng his apphcation 
within said time, the court may permit him to file it within the next six 
months. At the hearing for a discharge the bankrupt will be discharged 
unless it can be shown that he has committed offenses pimishable by im- 
prisonment under the provisions of the act; has concealed his true financial 
condition with fraudulent intent, or, in contemplation of bankruptcy, has 
concealed, destroyed or failed to keep books of account or record in order 
that his true condition might not be ascertained. Discharges may be re- 
voked on the groimd of fraud. 

What Discharge Implies. — Discharge in bankruptcy releases the 
bankrupt from all his provable debts, except they be in the nature of taxes 
levied by the United States, or the State, county, district or municipality 
in which he resides; judgments in actions for fraud; for obtaining property 
under false pretenses, or for wilful or malicious injuries to the person or 
property of another; debts which have not been scheduled in time for 
proof and allowance, with the name of the creditor, when known, unless 
such creditor had notice or actual knowledge of the proceedings in bank- 
ruptcy, or debts created by the fraud, embezzlement, defalcation or mis- 
appropriation of the bankrupt, while acting as an officer in any judiciary 
capacity. 

The above provisions are general in scope. To the States 
is given the privilege of enacting such additional legislation as 
will not conflict with the laws of Congress, and every State has 
passed laws from time to time for the guidance of its local 
courts in dealing with the subject. These statutes cover 
general and special assignments, preferred creditors, final 
discharge of debtors, etc.; they follow no uniform rules, but 
reflect local sentiment. 

Barnburners. In 1844 the Democratic party split into 
two bitterly opposing factions. One led by Martin Van Buren 
was given the name Barnburners, from a story current at the 
time about a farmer who destroyed his barn by fire to free it 



Barracks 74 Battleship 

from rats. The opponents of Van Buren charged that he was 
wiUing to sacrifice his party if such an act would destroy the 
influence of political enemies. See Political Parties in the 
United States. 

Barracks are permanent shelters for military bodies. At 
various times in the United States there have been almost 
5,000 forts, batteries, stations, etc., and all have been provided 
with living quarters. Under present conditions, the task of 
providing ba.rracks for the various fighting units of the army 
is in the charge of the Quartermaster-General; under him is a 
Supervising Architect and a corps of assistants. The appro- 
priation bill for the army every two years carries a liberal item 
for barracks and quarters. See Fort. 

Barrel, an expression used in politics to denote the im- 
proper use of money in a campaign. A rich man who gives 
freely of his wealth for the benefit of his party is said to "open 
his barrel," and his act sometimes gives rise to the suspicion that 
he expects valuable favors in return for his contributions. 

Basis of Representation. See Ratio of Representation; 
Apportionment. 

Battalion, a unit in the organization of an army, composed 
of two or niore companies of troops, forming part of a regiment. 
The officer in command of a battalion is a Major, whose rank 
is next above the Captain of a company, and below the Lieu- 
tenant-Colonel of a regiment. [See these various names, in 
alphabetical order]. 

Battleship. The highest and heaviest class of war vessel 
designed for sea fighting is the battleship. The modern vessel 
of this class is provided with the most invulnerable armor 
plate and the heaviest guns. The battleship differs from the 
next important naval vessel, the cruiser, in respect to size, 
armament and thickness of plate. In a fleet of modern war 
vessels, the battleship is the unit of strength, and it is expected 
to give and receive the hardest blows. The tonnage of battle- 
ships ranges from 12,000 to 16,000 tons, or even more; a 
cruiser's tonnage is from 7,000 to 12,000. See Navy of the 
United States. 



Belligerent 75 Bill 

Belligerent, a nation in a state of war with another country, 
whose status is so recognized by disinterested powers. The 
term marks the difference between two recognized independent 
powers in conflict and a subject state or race in rebellion 
against its home Government. The former are belligerents, 
without question; in case of a subject state, its act is open 
rebellion, and it is entitled at first neither to open sympathy 
nor support from any nation. As the struggle progresses it 
may be apparent that the rebels have won, morally and 
physically, the right to recognition on even terms with the 
parent Government. When any nation so proclaims this new 
status, the rebels, in the eyes of that nation, are henceforth 
belligerents. This, in effect, is recognition of the birth of a 
new nation, provided, of course, its cause finally wins. During 
the continuation of hostilities, those in rebellion are accorded 
every international courtesy due to the Government against 
which it fights. 

Before there can be recognition of belligerency it must 
be apparent that the rebels have established civil government 
within the sphere of their influence, and that the Government 
so established is able to protect life and property. The best 
known instances of according belligerent rights to any people 
are the acts of Great Britain and France in recognizing the 
belligerency of the Confederate States of America. From the 
date of their proclamations until the close of the war there 
existed, so far as these two European nations were concerned, 
two republics in North America, each fighting for the mastery 
of the situation. The Confederacy was given every advantage 
that the Federal Government could demand from those two 
European powers. 

Bill, a written document containing a provision of law 
presented in a Legislative body by a member thereof, for 
enactment into a statute. A bill may become a law in three 
ways: 

[1] By passing the law-making department in the pre- 
scribed manner and receiving Executive approval within the 
number of days allowed for its scrutiny, usually ten. 



jMBttittiaiaiiii^ 



Bill of Attainder 76 Bill of Credit 

[2] By being returned to the Legislative department with- 
out Executive approval and passed over the Executive's veto 
by the number of votes prescribed by the Constitution as 
essential. 

[3] By the Executive's failure to approve or disapprove 
of the measure within ten days of the time it was passed by the 
Legislative branch, Sundays excepted [see Pocket Veto]. 

As soon as a bill is legally passed and becomes effective, it 
is called an Act [q. v.]. 

Bill of Attainder, a Legislative act pronouncing sentence of 
death, and decreeing, in some cases, other penalties, such as 
forfeiture of property to the Government, enacted without 
giving the defendant a public trial, and often without a hearing 
of any kind. A person against whom such an act was passed 
was rendered infamous, and was said to be attainted, stained, 
disgraced. Certain European Governments in days past have 
found this method convenient, if wholly indefensible, in dis- 
posing of political offenders. Public trials would frequently 
reveal a very embarrassing state of affairs, and seriously 
endanger the stability of the throne. Such acts are beyond 
the range of possibility in the United States, being expressly 
forbidden in the Constitution [Art. I, Sec. 9, Clause 3]. No 
punishment, even for treason, which is the greatest offense 
known, can extend beyond the life of the guilty person, and 
his death is not decreed until he has had ample opportunity 
to defend himself in the highest courts. His property passes 
intact to his heirs, and against them no penalties can be laid. 

Bill of Pains and Penalties. If the legislative act above 
described (Bill of Attainder) inflicted a punishment less than 
death, it was called a Bill of Pains and Penalties. This act 
frequently carried with it confiscation of property to the last 
parcel owned by the accused, and decreed that the guilty 
person should receive no property later by inheritance or 
through any other means. 

Bill of Credit, a document issued by a State or other 
sovereign power, promising to pay a stipulated sum of money, 
and designed to circulate as money until redeemed. The 



Bill of Credit 



77 



Bill of Credit 



history of bills of credit in the United States is a part of the 
story of the evolution of our monetary system. The first bills 
of credit, or paper money, in the English colonies in America 




ts 



TxllO IruleutecL Btll oP Twc/n ty >->^ 
SKiJUjL/T\,orvr due from, ihe Mallackufetr^ 
G> o lonay to tn e^TolIeiro r Ciall t e-^ va lue-^ 
e(j ual t o m. on. ey 8z: iKall he~^cc or axXi glv-^ 
acce^ptectDy the, ireaLuorer a/KtaKeceLveri* 
fuD or dtaate^ to hi/w, malHublick p ayrn. :" 
a/ruiJ-or a^i^y ^tock ad; any ti/rrLe> t/rutKe.>2?© 
IreaUi/Ty'. Boltoru Iru iVewJlngla/rvoU 
fet nxa,ry trie tliLrcU I^ coBy OrcW of 



omitcc 




FAC SIMILE OF THE FIRST AMERICAN PAPER MONEY 

were issued by Massachusetts, in 1690, to pay the soldiers who 
served in an expedition against Quebec. There was no money 
in the public treasury to meet the expense, and rioting would 



Bill of Credit 



78 



Bill of Credit 



have resulted had not the General Court decided to issue bills 
of credit — really due-bills — promising to redeem them out of 
any moneys which later might be in the treasury. They were 
made receivable for taxes and a legal tender for all debts. All 
of these bills were ultimately redeemed. The second important 
issue was also in Massachusetts, in 1711, and was to pay a 
portion of the expense of an invasion of Canada. 

The savages were 
not ignorant of the 
uses of these expedi- 
ents. During Pontiac's 
War that wily chief- 
tan issued promissory 
notes in payment for 
foodstuffs for his war- 
riors. These bills were 
written upon birch 
bark and signed with 
Pontiac's totem — the 
figure of an otter. So 
great was the esteem 
in which he was held 
by the French inhabit- 
ants that they accept- 
ed the notes as money, 
and every piece of 
bark was redeemed at 
its face value, some- 
thing which cannot be said of all of the white man's efforts 
in the field of early financial emergency. 

Probably the most notable issue of bills of credit was in 
1775, immediately after the Congress of the colonies had form- 
ally renounced allegiance to the English Crown. It was 
necessary to prepare an army for the conflict which was fore- 
seen, and in August bills of credit, or paper money, were au- 
thorized, to the amount of $375,000, and it was made a full 
legal tender. The reverse side of these bills is shown in the 



TWENTY FOUR SHILLINGS 


^f 


t\ce f .^ 


-Si 


fl^ '% 


"^ 1 


Ji«' -^ 




/^m\ "t 




ro^' 


"w i 


1 JJL/VS \ ]J 


(» ^ 


V ^TBt ^a \ ..^J^ 


«^. 


B„_/^^\ % ^^^^ - 


•?- 


fj (I 


'V 


1/ \l 


^r. 


H -^^M 


\ i 


iB ffijir' 


% 




Au^ 


^ 18. 1775- 

i 



BEVERSE OF A COLONIAL TREASURT NOTE. 



Bill of Pains and Penalties 79 Bill of Rights 

illustration; a literal translation of the Latin phrase is, "He 
seeks by the sword calm repose under the auspices of freedom." 

After the Union was organized, the new Government at 
once turned its attention to the establishment of a sound 
monetary system, under the direction of Alexander Hamilton, 
one of the most brilliant financiers the country has ever pro- 
duced. 

Bill of Pains and Penalties. See Bill of Attainder. 

Bill of Rights. A bill of rights is the summary of the rights 
and privileges claimed by the people of a nation against the 
oppression of their rulers, either actual or prospective. The 
first ten Amendments of the Constitution of the United States 
have been termed by many publicists the American Bill of 
Rights [see Amendments]. 

The Bill of Rights in England was an act of Parliament, 
passed in 1689, upon the accession of William and Mary to the 
throne. It has been aptly called the third bulwark of English 
liberty, the other two being Magna Charta [q. v.] and the 
Petition of Rights [q. v.]; the latter was the immediate prede- 
cessor of the Bill of Rights. William and Mary were invited 
to occupy the throne jointly, but upon them was imposed 
acceptance of the principles of this declaration of the rights of 
the people. It declared illegal any attempt of the sovereign 
to suspend the laws or delay their execution; no taxes were to 
be levied by the rulers without Parliamentary consent; Parlia- 
ment alone could provide for a standing army; the right of 
petition to the king was to be forever recognized; the people 
were to be allowed to bear arms in their own defense, and were 
to be free from excessive fines and cruel and unusual punish- 
ments. There was also a provision that Parliament should be 
convened frequently; that election to its membership should 
not be confined to a few, but should be open to all, and that 
members should have freedom of speech in debate. It will 
thus be seen that many of our American ideals were the political 
standards of Englishmen of more than two centuries ago, many 
of whom became colonists in the New World. These brought 
their Bill of Rights into, the New England wilderness, and the 



Bimetallism 80 Black Laws 

principles so zealously defended by them became the solid 
foundation of a free people's government. 

Bimetallism, a term employed to designate a double 
standard of value in money, by which is meant the coinage 
of both gold and silver on a basis of comparative value that 
is permanently fixed by legislation. Under such a system, 
both gold and silver would be legal tender for all debts, public 
and private. Bimetallists contend that if nations could by 
international agreement fix some ratio of exchange between 
gold and silver, they could create an automatic system by 
which the demand and supply of gold and silver, respectively, 
would maintain that ratio at the point the nations fixed it. 
They insist that the world's commercial interests are suffering 
because of the uncertainty of exchange rates between gold 
standard countries and those having the silver standard. The 
advocates of the bimetallic standard propose that all the mints 
of the world shall be opened, by agreement, to the free and 
unlimited coinage of gold and silver. Several international 
conventions have met to discuss the proposition, but without 
practical results. 

A strong section of the Democratic party of the United 
States, under the leadership of William Jennings Bryan of 
Nebraska, fought aggressively for the principle for more than 
ten years, demanding that it be applied to this country alone, 
if other nations refused to join; the platform of the party de- 
clared for "the immediate restoration of the free and unlimited 
coinage of gold and silver at the present legal ratio of 16 to 1, 
without waiting for the aid or consent of any other nation," 
and also that "the standard silver dollar shall be full legal 
tender equally with gold for all debts, public and private." In 
two Presidential campaigns the issue was defeated, the elec- 
torate believing that action by this country alone would be 
disastrous to its interests. Recent legislation by various 
Governments seems to establish a monometallic standard for 
many years to come. See Monometallism; Sixteen-to-One. 

Black Laws. Many Northern States in the years preceding 
the Civil War passed laws popularly termed "Black Laws," 



Black Republicans 81 Blockade 

relating to the negro problem. These named certain acts to be 
performed by free negroes as a condition of residence in those 
States, and prescribed other measures designed to keep the 
blacks under proper control. Such were laws requiring them 
to file certificates of their freedom, forbidding them to testify- 
in cases in which a white man was interested, excluding them 
from the militia and from the public schools, and requiring 
them to give bonds for their good behavior. Public sentiment 
gradually accomplished the repeal of all these statutes. 

Black Republicans. Prior to and immediately after the 
Civil War the members of the Republican party were so called 
by their opponents because of their attitude on the negro 
question. See Republican Party. 

Blockade, the investment of a seaport or a line of coast by 
the vessels of an enemy in time of war with the intention of 
rendering communication with the besieged impossible. By 
the rules of modern warfare, the blockading force must give 
public notice to neutrals that a blockade is intended, thus 
warning them of the danger of attempting to pass through the 
investing lines. The force on guard must be sufficient to make 
its pretensions effective*, at least to the extent of rendering any 
attempt to break the blockade obviously dangerous, and said 
force must be continuously employed. A scattering of the 
patrolling fleet by storm, however, is not considered as lifting 
the blockade. 

A blockade is a measure fully justified in international 
law; it is recognized as one of the necessities of war. When 
once established outside a city or extent of coast line, all neutral 
nations are bound to respect the conditions it seeks to enforce, 
provided the force on the blockade line is strong enough to be 
effective. The nations are of one voice in insisting that a 
proclamation of blockade is not to be taken seriously unless a 
proper showing of force is made and maintained. When the 
ends sought by the blockade are gained, or it has been found 
impossible to maintain it according to the rules of war, public 
notice to all nations is given that the blockade is raised. See 
Paper Blockade. 



Blockade Runner 82 Blue Book 

Blockade Runner, a vessel engaged in the hazardous 
business of attempting to pass through the Hnes of a blockading 
fleet, generally for purposes of trade, or to bring to the besieged 
munitions of war. If caught in the attempt, whatever goods 
the vessel contains are confiscated, and the ship may become 
the property of the captor nation. All persons engaged in the 
unsuccessful attempt may be held prisoners of war until the 
cessation of hostilities, or may be paroled, at the option of the 
captors. 

Blocks of Five, a political phrase which originated in a 
story of corruption in the Presidential campaign of 1888. It 
was charged that an official of the National Republican com- 
mittee had written a letter to the chairman of a certain State 
committee, recommending tnat he secure allegiance of the float- 
ing vote "in blocks of five," each purchased voter to receive a 
certain amount of money after the election. The managers of 
the Democratic party gave wide publicity to the charges and 
were sued for libel, but after the animosities of the campaign 
died away, the suit was not pressed. 

Bloody Shirt, a term growing out of the bitterness between 
the North and the South during the Civil War and the years 
immediately following it. For many years after that conflict 
politicians of the dominant party at the North occasionally 
attempted to gain partisan advantage by base appeals to the 
passions roused by the clash of arms. The phrase "bloody 
shirt" refers to the dead issues involved in the war and the 
person appealing to those issues was said to "wave the bloody 
shirt." Most happily, the term is now obsolete. 

Blue Book. Each year the various leading Governments 
of the world order printed the reports of all papers of an official 
character which may be published without violating State 
secrets. , In the United States this volume is called the Blue 
Book, and besides certain official reports it contains lists of all 
persons in the employ of the Government in the civil, legal, 
military and naval departments. The name of the book is 
derived from the color of its cover, which is not changed from 
year to year. 



Blue Laws 83 Blue Laws 

Blue Laws, the name applied to any legal restrictions 
involving the domestic rights or reasonable freedom of action of 
any person; any strict regulation of matters usually left to the 
conscience of the individual. The phrase had its origin in the 
New England colonies, where the early laws were of a stringent 
character, but not until Connecticut colony printed certain 
regulations and bound them in a blue paper cover was the 
term "blue laws" applied. These Connecticut laws contained 
rigid enactments against many minor offenses and provided 
very strict social regulations. In them the sternness of the 
Puritan character was clearly revealed. However, the colonial 
fathers were not guilty of the enactment of a code of laws 
generally ascribed to them and known to every generation 
since as the famous " Connecticut Blue Laws." To ridicule the 
Puritans, a series of ridiculous enactments were promulgated, 
falsely purporting to be a selection from the laws bound in 
blue covers. A few of these so-called laws are appended; 
while written in jest, they were meant to satirize the stern 
people of the early day: 

The governor and magistrates convened in general assembly are the 
supreme power, under God, of the independent dominion. From the 
determination of the assembly no appeal shall be made. 

No one shall be a freeman or have a vote unless he is converted and 
a member of one of the churches allowed in the dominion. 

No dissenter from the essential worship of this dominion shall be 
allowed to give a vote for electing of magistrates or any officer. 

No food or lodging shall be offered to a heretic. 

No one shall cross a river on the Sabbath but authorized clergymen. 

No one shall travel, cook victuals, make beds, sweep houses, cut hair, 
or shave on the Sabbath Day. 

No one shall kiss his or her children on the Sabbath or feasting days. 

The Sabbath Day shall begin at sunset Saturday. 

Whoever wears clothes trimmed with gold, silver, or bone lace above 
one shilling per yard shall be presented by the grand jurors and the select- 
men shall tax the estate ^300. 

Whoever brings cards or dice into the dominion shall pay a fine of ;£5. 

No one shall eat mince pies, dance, play cards, or play any instru- 
ment of music except the drum, trumpet, or jewsharp. 

No gospel minister shall join people in marriage. The magistrate 
may join them, as he may do it with less scandal to Christ's church. 



Board of Review 84 Board of Geographic Names 



When parents refuse their children convenient marriages, the magis- 
trate shall determine the point. 

A man who strikes his wife shall be fined ^10. 

A woman who strikes her husband shall be punished as the law directs. 

No man shall court a maid in person or by letter without obtaining 
the consent of her parents; £5 penalty for the first offense; ^10 for the 
second, and for the third imprisonment during the pleasure of the court. 

No one shall run on the Sabbath Day, or walk in his garden, except 
reverently to and from meeting. 

If any person turns Quaker, he shall be banished, and not suffered 
to return but upon pain of death. 

No priest shall abide in the dominion; he shall be banished and suffer 
death on his return. Priests may be seized by any one without a warrant. 

Every male shall have his hair cut round according to a cap. 

To pick an ear of corn growing in a neighbor's garden shall be deemed 
theft. 

A person accused of trespass in the night shall be judged guilty, 
unless he clear himself by his oath. 

When it appears that an accused has confederates, and he refuses to 
discover them, he may be racked. 

No one shall buy or sell lands without permission of the selectmen. 

A drunkard shall have a master appointed by the selectmen who are 
to debar him from the liberty of buying and selling. 

Whoever publishes a lie to the prejudice of his neighbor shall sit in 
the stocks, or be whipped fifteen stripes. 

Board of Review, elective officers, of every township or 
city, usually three in number, who compose a tribunal before 
which owners of real or personal property may appear to plead 
for change in the valuation of their goods or estate as assessed 
by the local taxing body. From the decision of the Board of 
Review there is no appeal, except through the courts. 

Board of Geographic Names. In 1890 Congress authorized 
the organization of a permanent board for the purpose of secur- 
ing uniform usage with respect to geographic names and 
spelling throughout all departments of the Government. This 
board is the final authority on these matters. To it are referred 
all unsettled or disputed questions concerning nomenclature 
which arise in the various Government departments. So far 
as their use in our Government is concerned, the decisions of 
this board are authority also as to the spelling of foreign 
names. 



Board of Strategy 85 Bond 

Board of Strategy, an adjunct of the fighting arm of the 
United States. It is composed of expert officers of the army 
and navy, who, in co-operation with all bureaus of information 
in the public service, plan operations on land and sea in time 
of war. This board rendered especially valuable service during 
the Spanish-American War in 1898. With large and complete 
maps covering all land and water likely to be involved in the 
war, the Board marked initial positions of armies and squad- 
rons, both our own and of the enemy, and revised these markings 
with every change of position. It was therefore possible at 
any time to determine nearly the exact location of every 
company of men and every vessel. This information was 
conveyed by wire immediately to all interested parties. There 
is no occasion for the continuance on duty of the Board of 
Strategy in times of peace. 

Bolter, one who refuses to support the candidates of his 
party in a political campaign. The defection is usually 
temporary, the bolters usually being adherents of some man 
whose political aspirations have not been realized, or they are 
people who are dissatisfied with the leaders whose policies 
control the party. 

Bombardment. A bombardment is an attack by artillery 
upon the fortifications or property of an enemy. Its object 
may be to destroy military stores, arsenals, or dockyards, or to 
bring about the surrender of an important city. In modern 
times, bombardments have been conducted by the naval rather 
than by the military arm of a nation. Contrary to usual 
belief, the loss of life of non-combatants during bombardments 
is small, seldom more than one per cent of the casualties. See 
Blockade. 

Bond, a term in law signifying a written agreement, by 
which the party issuing it becomes bound to pay a sum of 
money, or perform any act or duty at a given time, according 
to specified terms. In its commonest sense, a bond is an 
interest-bearing certificate of debt, issued usually by a corpora- 
tion, a municipality, or a Government; as, a railroad bond, a 
Government bond, etc. 



Border Ruffians 86 Border States 

Bail Bond, the instrument executed by a person as surety 
for one under arrest, guaranteeing that the accused shall appear 
for trial at the appointed time. A bail bond signed by a person 
who misrepresents his wealth in the sworn schedule and there- 
fore renders the bond practically worthless in case of default 
of the accused, is frequently called a straw bond. See below. 

Debenture Bond, a bond acknowledging .a loan indebted- 
ness and securing payment out of some designated fund or 
income. 

Registered Bond, a bond registered on the records of the 
issuing corporation or Government in the holder's name. Such 
a bond can be transferred to another person only by presenting 
it to the authority issuing it and having change of ownership 
recorded. 

Straw Bond, a bond which is fraudulent or fictitious, and 
therefore worthless. Bail bonds in nearly every State must be 
secured by real estate holdings of at least twice the value of 
the bond demanded; in case the bond is forfeited the State 
then is easily able to collect the amount for which the signers 
obligated themselves. If a man offers a bond alleging adequate 
responsibility, when he does not possess property to the required 
value, his bond is a "straw bond," and in swearing falsely he 
is guilty of a misdemeanor. 

Border Ruffians. During the years immediately preceding 
the Civil War, Southern sympathizers from Missouri made a 
practice of crossing the Stata boundary into Kansas to drive 
out the Free-State settlers, or to carry elections against those 
demanding that Kansas should be a free State. They were 
not careful to conceal their illegal acts at the ballot box; in 
one precinct at a certain election 640 votes were cast, of which 
only 20 were legal. These people, who did not cease their 
interference with Kansas affairs until that State was admitted 
to the Union, were called border rufhans. 

Border States, the name applied before and during the 
Civil War to those States which were situated between the 
avowedly free States of the North and the openly announced 
slave States of the South. They were Delaware, Maryland, 



Boss 87 Bourbons 

Virginia, Kentucky and Missouri. Their nearness to the 
Northern States invited frequent attempts on the part of slaves 
to escape from their masters and cross the boundaries into free 
territory. The South claimed, with often the best of supporting 
evidence, that the States on the border did not enforce the 
fugitive slave laws. These States objected to making slavery 
an issue, and their citizens gave active support to those local 
political organizations which pledged themselves to remain 
neutral on that subject. During the Rebellion Virginia was 
the only border State to secede, but not all of that State was 
satisfied to remain out of the Union, the western part applying 
for and receiving separate Statehood in 1863. See Fugitive 
Slave Law. 

Boss, a term in politics applied to the man who controls 
his party, or a strong faction of it. Such a powerful factor in 
politics usually exercises his authority entirely in the interests 
of himself and his political friends, and with little regard for 
the best interests of all the people. Before an enlightened 
public sentiment ''bosses" and "boss rule" are gradually dis- 
appearing from political life. 

Boundary Lines, International. See International 
Boundary. 

Bounty Jumper. Occasionally in stress of war a nation 
finds it to be good policy to pay volunteers to enlist for service 
in the army or navy. This was done at one period in our Civil 
War. A person who receives money as an inducement to enlist 
and fails to serve as promised is called a bounty jumper. 
Various penalties are imposed for the offense. 

Bourbons, a name applied to that class of citizens who 
cling to dead issues and refiise to accept with grace such changes 
as are inevitable in the advancement of the nation. The term 
is fast disappearing from our political vocabulary. It had its 
origin in French history, with the House of Bourbon, which 
ruled France from 1589 to the French Revolution in 1791. One 
of the characteristics of members of this House was an obstinate 
refusal to march abreast of the times; experience taught them 
nothing. 



Breach of the Peace 88 Brigade 

Breach of the Peace is any minor violation of public order 
and decency. The term is not applied to any particular 
offense, but refers to any overt act by which the peace and 
order of a community are disturbed. Any person who wit- 
nesses a breach of the peace may cause the arrest of the offender. 
Punishment extends no further than a moderate fine or im- 
prisonment in jail for a limited number of days. 

Brevet, a military rank conferring honor or distinction in a 
public manner. In the United States a rank by brevet is given 
by the President, with the advice and consent of the Senate, for 
gallant action or meritorious service. A brevet rank gives no 
right to command in the particular corps to which the officer 
brevetted belongs; such command or any command above the 
one previously enjoyed can be exercised only by special assign- 
ment by the President. For example, if a Colonel should be 
appointed Brigadier-General by brevet, he would continue in 
the duties of the former office, unless it were convenient to pass 
him to a higher assignment. 

Bribery is the offense of attempting to influence by corrupt 
methods the action of any person engaged in a public duty. To 
solicit or offer a bribe is a serious offense against the whole 
public, and, if persisted in, would lead in time to such cor- 
ruption in the conduct of public affairs as to undermine the 
Government. A person accepting a bribe is equally guilty with 
the person who offers it, and his punishment is as great. To 
constitute the crime of bribery it is not necessary that the 
proposal agreed upon shall be actually carried into effect; 
whether it succeed or not, all parties to the transaction are 
held to be as guilty as though the act were fully consummated. 
Punishment for bribery is usually by imprisonment as well as 
by fine. 

Brigade, a body of troops, whether infantry, cavalry or 
artillery, composed of two or more regiments under the com- 
mand of a Brigadier-General. As a unit of a military organiza- 
tion, the brigade stands in importance above the regiment; an 
entire army is composed of two or more brigades. See Briga- 
dier-General. 



Brigadier=Qeneral 89 Budge 

Brigadier=Qeneral, an officer in the United States army, 
fourth in importance in the organization, the higher grades 
being General of the Army (at present not filled), Lieutenant- 
General, and Major-General. The Brigadier-General commands 
a brigade, and is in rank above the Colonel, who commands a 
regiment. The Brigadier-General holds in the army rank 
corresponding to that of Commodore in the navy; he has a 
salary of $5,500, and is retired by law at the age of sixty-four 
years. In his retirement he receives three-fourths of his 
former salary. See Army op the United States; Brigade; 
Comparative Rank in Army and Navy. 

Brother Jonathan, a term applied to the people of the 
United States, in a collective sense, just as the name ' ' Uncle 
Sam" is used to typify the Government. The origin of the 
term is as follows: General Washington, in command of the 
Revolutionary armies, turned to his friends continually for 
help and for sadly needed supplies. One of the men in whom 
he had greatest confidence was Jonathan Trumbull, at that 
time Governor of Connecticut. During a discussion of ways 
and means, Washington suggested that "Brother Jonathan" be 
consulted. This was done and Trumbull's advice was followed, 
with gratifying results. The story was told throughout the 
rank and file of the army, and soon the reply to a request for 
anything was, invariably, "Ask Brother Jonathan." The 
phrase became widely used, and ' ' Brother Jonathan" has since 
been representative of broad-niinded, resourceful, successful 
Americanism. 

Bucktails. This name was applied from about 1816 to 1830 
to a faction of the Democratic-Republican [q.v.] party, identified 
with Tammany and opposed to the administration of Governor 
Clinton in New York. The Bucktails gained the ascendency 
in the party in 1822, but lost it in 1824. From the circumstance 
of their wearing in their hats a buck's tail, the insignia of 
Tammany, the name was derived. See Political Parties in 
the United States. 

Budget, the annual statement of the finances of a country. 
State or municipality. In the United States the term is more 



Bullion 90 By=Law 

strictly applied to the list of the nations' estimated receipts 
and expenditures which is laid before Congress every two years 
by the Treasury Department. Upon this list is based the bi- 
ennial Appropriation Bill. See Appropriations. 

Bullion, uncoined gold or silver, in mass, ingots, plate, or 
the like, as distinguished from coin; also, uncUrrent coin, such 
as worn-out or foreign coin, ready for recoining. In discus- 
sions on the currency, the term is often erroneously employed 
to signify both coined and uncoined gold and silver. 

Buncombe. Mere talk without aim, or the act of speaking 
for the gratification of constituents, is called buncombe. It 
is said the word received this meaning from a remark of a 
Representative in Congress from North Carolina in 1820; while 
making a speech in the debates on the Missouri" Compromise, 
he tired the House with his effort at oratory, and when he was 
asked to desist he asserted that he wished to finish his talk, 
as he was "making a speech for Buncombe," one of the coun- 
ties he represented. 

By=Law, a local enactment made by a subordinate legis- 
lative body. Of this character are many of the ordinances of 
minor municipal corporations — small cities, towns and villages. 
In this sense the term is synonymous with ordinances. The 
rules of private corporations, such as railways, are also called 
by-laws. All such regulations, whether passed by public or 
private bodies, have all the force of law when they are enacted 
under proper legal authority. • 



Cabinet of the President. The President of the United 
States is named in the Constitution as the head of the Execu- 
tive Department [q. v.] of the Government. He thus assumes 
the title and responsibilities of Chief Executive. The adjective 
implies other Executive officers besides the President, and 
these are the heads of the great departments into which the 
Executive branch naturally is divided. The term Cabinet, 
however, is not mentioned in the Constitution, nor was the 
Cabinet, as constituted today, contemplated by that instru- 
ment. 

The head of each Executive division must sustain close 
relations with its chief, the President, who in the last analysis 
is alone responsible for the conduct of the whole law-enforcing 
branch of the Government. It is obvious that the person upon 
whom such responsibilities are placed should practically be free 
in his choice of assistants. Such was the conviction of the 
First Congress, which authorized the appointment by the 
President of the four Executive Department heads, and time 
has emphasized the wisdom of the early statesmen. The 
President therefore appoints the men who are to be his chief 
advisers; unless a very unwise nomination is made, the Senate, 
upon whom rests the duty of confirmation of all the President's 
appointments, never questions his selection; here he is practi- 
cally without restraint. 

The Executive departments during the early years were 
four in number — the State, War, Treasury, and Law depart- 
ments; the chiefs in charge were called Secretary of State, 
Secretary of War, Secretary of the Treasury and Attorney- 
General, respectively. The business of the young republic 
soon became so voluminous as to require further divisions of 
the Executive machinery, and in 1792, the Postoffice Depart- 
ment was authorized, with a Postmaster-General at its head. 
In 1798 the Navy Department was created, its chief receiving 
the title of Secretary of the Navy. The next addition to the 

91 



Cabinet of the President 92 Cabinet of the President 

list was made in 1849, when the Secretary of the Interior was 
appointed and given control of the Department of the Interior. 
From 1849 to 1889, there were no further subdivisions, but in 
the latter year the Department of Agriculture was organized, 
under control of the Secretary of Agriculture. In 1903 the 
ninth member joined the Executive official circle, in the person 
of the Secretary of Commerce and Labor, chief of the depart- 
ment of the same name. [A description of each department, 
its bureaus and duties, is given in the regular alphabetical 
arrangement of subjects.] 

Early in the operation of the Government, the President 
consulted the various heads of his departments only when it was 
absolutely necessary; they never carried matters to him for dis- 
cussion or for approval, except upon request. The Executive 
seldom exceeded the right given by the Constitution, in requiring 
"the opinion, in writing, of the principal officer in each of the 
Executive departments, upon any subject relating to their 
respective offices." With increase in duties and added responsi- 
bilities, however, more frequent interchange of opinion became 
essential, and the President formed the habit of inviting one, . 
two or three of his chiefs together for interviews upon important 
matters. Naturally, regular meeting days followed in course 
of time, but not all the Executive heads were participants. The 
Postmaster-General, for instance, was not invited to join these 
regular councils until the day of President Jackson. 

What is today known world-wide as the President's Cabinet 
is the development of many years; subordinate officials who one 
day gave slight heed to their chief now form with him a harmon- 
ious, hardworking official family. The President and nine heads 
of as many Executive divisions now have two regular days of 
meeting every week, on Tuesday and Friday, around the long 
table in the Cabinet room of the White House, where they are 
mutually helpful in solving the problems of Executive control. 
The members of the Cabinet hold office actually at the pleasure 
of the President, although appointments are for four years. 
President Johnson was impeached for attempting to remove 
one of his Secretaries from office, but later the law shielding 



California 93 California 

Presidential appointees outside of the civil service lists was 
repealed [see Term and Tenure of Office]. 

Upon the Cabinet members rest grave responsibilities 
outside of the routine work of their departments. By the 
Presidential Succession Law of 1886, the members are eligible 
to the Presidency, and more than once but one life has stood 
between a Secretary and the office of President of the United 
States. Moreover, instead of being merely in charge of a 
division of the President's field of action, the members of the 
Cabinet have come by reason of their high order of ability to be 
recognized as important officers of an administration. Their 
deep research into administrative problems gives their opinions 
great weight with leaders in other departments of the Govern- 
ment. 

The salary of a Cabinet member is $12,000 per annum; 
upon him are placed no age limitations; he must be a citizen 
of the United States, but he need not be a natural-born citizen. 
See Presidential Succession. 

California. When in 1822 Mexico became independent 
of Spain, California, which had been explored and settled by 
the Spaniards, passed into the control of Mexico. It became 
thus a dependency of the latter country, and for about a dozen 
years relations between the two were harmonious. Beginning 
with 1835 with the death of a popular governor, strife continued 
until 1845, when the Mexican forces sent north to hold the 
territory were temporarily defeated. At this time emigration 
from the States to the east started, and American explorers 
headed by John C. Fremont captured the town of Sonoma 
and on July 4, 1846, issued a proclamation declaring California 
independent, although the movement was not officially recog- 
nized by the United States Government. A little later the 
Mexican War gave the needed and adequate excuse to take 
possession of California in the name of the United States 
Government, and on August 15, 1846, it was declared a Federal 
Territory. A State Constitution prohibiting slavery was 
approved in 1849, and in 1850 California was admitted as a 
State of the Union. 



Candidate 94 Capital Punisliment 

Government. — The people of California rejected their first 
Constitution in 1879, and adopted a second, which is yet in 
force. The Executive authority is vested in a Governor and 
Lieutenant-Governor and the Executive offices of Secretary of 
State, State Comptroller, Treasurer, Attorney-General, Sur- 
veyor-General, and Superintendent of Public Instruction, all 
of whom are chosen for four years and are eligible to re-election. 
The Legislative Department consists of the State Senate of 
forty members, elected for four years, half of them retiring 
at one time, and an Assembly of eighty members elected for 
two years. Sessions of the Legislature are held biennially, and 
as no remuneration is given members beyond sixty days of 
any session, naturally the sessions are limited to that length 
of time. No bills can be introduced into either House after the 
fiftieth day of the session, except with the approval of two- 
thirds of the members. The judicial authority is vested in a 
Supreme Court, District Courts of Appeal, Superior Courts and 
Justices of the Peace. The Supreme Court consists of one 
Chief Justice and six Associate Justices. 

Candidate. Usually the words candidate and nominee 
are used interchangeably, but in the strictest sense they are not 
synonymous. A candidate is a person who seeks nomination 
from his party for a public office; if he succeeds in securing a 
place on the ticket he is then a nominee, subject to election or 
defeat at the polls. One is a candidate before he is nominated; 
he is afterwards a nominee. 

Cannon Salutes. See Salutes. 

Capital Punishment. The severest penalty a court can 
pronounce against an offender, a sentence of death, is called 
capital punishment. The word capital, in criminal law, means 
"pertaining to the head," from the fact that a common early 
form of execution was by the ax. In past centuries the death 
penalty was imposed for many lesser infractions of the law, but 
as nations have advanced in enlightenment the list of offenses 
so punishable has steadily grown smaller. In England the 
capital offenses are murder, treason, piracy, and burning ships 
of war, arsenals, or Government storehouses. Death is ac- 



Capitals of the United States 95 Capitals of the United States 

complished by hanging, except, by special decree in cases of 
treason, the sovereign may order decapitation. 

In the United States, under the Federal laws, capital 
punishment may be inflicted for treason, murder, rape, piracy, 
and arson. These are for offenses against the officers or property 
of the Government, and must not be confused with legislation 
by the various States. The State laws are not uniform, and 
there never has been any attempt to make them so, for to every 
State is given the power absolutely to regulate its own internal 
affairs. Violations of laws passed by the Legislatures are 
considered from a number of view points, some States going 
so far as to decree that for no offense, however serious, shall 
the extreme penalty of the law be inflicted. Michigan abolished 
capital punishment in 1847, Rhode Island in 1852, Wisconsin 
in 1853, and Maine in 1886. Only for conviction of murder 
in the first degree can a person be put to death in Massachusetts, 
Minnesota, New Mexico, North Dakota, South Dakota, Ohio, 
Pennsylvania and Washington. For as many as ten crimes the 
death penalty is operative in Georgia. Capital punishment is 
by hanging in most States; in New York and Ohio it is by 
electrocution. Criminologists are in accord in the opinion 
that electrocution or hanging does not lessen crime. 

Capitals of the United States. If it be admitted that 
wherever the National legislative body has met in session and 
passed laws, there has been located, even temporarily, the 
capital of the United States, then this country, since the day of 
the Declaration of Independence, has had nine different capitals. 
With the exception of Washington, they are as follows: 

Philadelphia, September 5, 1774, to December, 1776. 
Baltimore, December 20, 1776, to March, 1777. 
. Philadelphia, March 4, 1777, to September, 1777. 

Lancaster, Pa., September 27, 1777, to September 30, 1777. 
York, Pa., September 30, 1777, to July, 1778. 
Philadelphia, July 2, 1778, to June 30, 1783. 
Princeton, N. J., June 30, 1783, to November 20, 1783. 
Annapolis, Md., November 26, 1783, to November 30, 1784. 
Trenton, N. J., November 30, 1784, to January, 1785. 
New York, January 11, 1785, to June, 1790. 



Capitation Tax 



96 



Cap of Liberty 



The seat of Government was then moved to Philadelphia, 
to remain ten years, after which it was to be permanently 
located on land to be ceded by Maryland and Virginia, on the 
Potomac River. When the cession was made. Congress re- 
turned Virginia's gift, as the ten square miles ceded by Maryland, 
lying all on one side of the Potomac, was thought to be ample 
for Government purposes for all time to come. In 1800, 
Washington became the National capital. 

New York 
might have become 
the capital city but 
for the objection of 
agricultural mem- 
bers of Congress, 
who feared the in- 
fluence of the com- 
mercial interests of 
the metropolis upon 
legislation. South- 
ern members de- 
prived Philadelphia 
of the honor be- 
cause of their hos- 
tility to Quaker in- 
fluence. The frequent changes of headquarters during the 
Revolutionary War were due to the dangerous proximity of 
British soldiers. 

Capitation Tax, a tax levied on the individual as a unit in 
the citizenship of a community; a poll tax. Such a tax, if 
assessed, is a direct tax, and is paid by every male citizen 
twenty-one years of age and over, regardless of additional 
taxes levied upon his property holdings. Congress has power to 
levy a capitation tax based upon the Federal census, but it 
has never been done; the principle has been entirely local in 
its application. See Poll. 

Cap of Liberty. The liberty cap is of Phrygian origin. The 
Phrygians were a people from the shores of the Euxine Sea, and 




FEDERAL HALL, NEW YORK, 1789. 



Captain 97 Carpet=Baggers 

they conquered and took possession of the entire eastern part 
of Asia Minor. To distinguish themselves from the natives, the 
conquerors wore a close-fitting cap and had it stamped on their 
coins. The Romans took the fashion of wearing caps from the 
Phrygians, but they were only worn by freedmen. When a 
slave was set free, a small red cap was placed upon his head, 
and the man so adorned was thereafter recognized in law as a 
freedman. The liberty cap was first introduced into the United 
States in the Great Seal design of 1776. It finally became 
officially the head covering of Columbia [q. v.], the "Goddess 
of American Liberty." See Liberty Cap Cent. 

Captain [Military], the officer in command of si, division 
of a regiment, called a company. In rank, the Captain is 
below a Major and above a First Lieutenant. The grade in the 
navy corresponding to this army title is Lieutenant. The pay 
of a Captain is at first $1,800; it increases ten per cent every 
five years until a maximum increase of forty per cent is reached. 
Upon retirement at the age of sixty-two, the salary for life is 
three-fourths the annual amount received in the last year of 
active service. See Comparative Rank in Army and Navy. 

Captain [Naval], the highest rank among a ship's officers 
in the navy of the United States and in most European coun- 
tries. The four grades above Captain are fleet officers, and are 
Admiral, Vice-Admiral, Rear-Admiral and Commodore, respec- 
tively. The rank next below Captain is Commander. The 
pay of a Captain is $4,500 on sea duty, $3,500 on shore duty, and 
$2,800 when on leave of absence or while awaiting orders for 
service. At the age of sixty-two he retires on three-fourths' 
sea-duty salary. See Comparative Rank of Army and Navy. 

Carpet=Baggers. After the close of the Civil War, many 
Northern men went South for the unacknowledged but actual 
purpose of assuming an active part in politics. They located 
in the Southern States only long enough to gain a residence 
before applying for and receiving appointments to Federal 
offices. The Southern whites resented this activity and claimed 
that the Northerners were interlopers, carrying all their effects 
in their carpet-bags. From the known fact that but few of 



Cartel 98 Caucus 

these new citizens intended to settle permanently in the South, 
they were called carpet-baggers. 

Cartel, an agreement entered into between two nations 
at war, relating to the methods of carrying on certain details 
of the conflict, such as the exchange of prisoners, establishment 
of boundaries of neutral ground, continuance of postal com- 
munication, etc. Cartels for the exchange of prisoners are the 
most common, and are usually conducted by the home Govern- 
ments, although generals in the field may often treat directly 
with each other. An exchange of prisoners is beneficial to 
each side, which thereby recovers its own men and saves the 
expense and trouble of guarding and feeding its captives. In 
making exchanges, the rank of prisoners is carefully considered, 
those of equal rank being traded man for man. 

Cartel Ship. One used in exchanging prisoners, or as a 
dispatch boat, dealing with the enemy under a flag of truce. 

Casus Belli, a Latin phrase meaning "a reason for war." 
No war is begun before the belligerents announce the reasons 
which force them into conflict. The causes assigned are not 
always accepted by the world as morally sufficient, but the 
nations have not yet decided what shall be considered ample 
justification. 

Caucus, [a] a formal meeting of voters of one political 
faith for the purpose of nominating men as delegates to a 
political convention which has been called for a specific work; 
[b] a meeting of the members of one political party in a Legis- 
lature or in Congress, to discuss special measures and determine 
what united party action shall be taken relative to them. 

The origin of the word is obscure. John Pickering, the 
author of ' ' Vocabulary of Words Peculiar to the United States" 
[1816], assumed that the word is a corruption of caulkers, a 
term applied in derision to those who attended political meet- 
ings in Boston at the time of ill feeling between the citizens and 
the British troops, before the first guns of the Revolution were 
fired. Sailors and laborers in shipyards largely attended these 
meetings, hence the application of the nautical term. If this 
explanation is to be accepted as the origin of the term, it is 



Cavalry 99 Censure of the President 

apparent that since it was first used there has been more change 
in the form of the word than in its meaning. The term is now 
appHed to any partisan political assembly called for the purpose 
of determining the will of the majority. In every caucus the 
majority rules, and all members are bound by the action im- 
posed by the majority vote. Thus it is possible to meet with 
united party action the onslaughts of the opposition forces. 

Cavalry, one of the three classes of troops composing the 
fighting units of an army, the others being infantry and artillery. 
The cavalry branch is composed of mounted troops, all of 
whose evolutions are on horseback. When employed to best 
advantage, cavalry becomes very formidable in offensive 
operations, because it is able to move very quickly, thus 
enabling a commander to take almost instant advantage of 
disorder in the ranks of an enemy. In any operation requiring 
speed and prompt action, such as intercepting supplies, procur- 
ing intelligence regarding the movement of troops, foraging, 
etc., cavalry is absolutely necessary. Officers and men in 
cavalry regiments are usually armed with sabers and pistols, 
and sometimes with carbines. In the United States army, by 
authority of the act of 1901, there are fifteen regiments of 
cavalry, averaging 850 officers and men, 180 troops of cavalry 
of seventy officers and men, and fifteen regimental bands. 

In European countries, mounted troops are commonly 
divided into heavy cavalry and light cavalry, and these are 
further designated as cuirassiers, dragoons, hussars and lancers, 
according to weight and equipment. See Infantry; Artil- 
lery. 

Censure of the President. Only three times in the history 
of the United States has Congress passed resolutions of censure 
against the President of the United States. In but one case 
was the majority responsible for the charges strong enough to 
vote impeachment. The two cases of censure which lacked 
support sufficient to impeach involved Presidents Jackson and 
Tyler. The first vote was passed by the Senate in 1834, 
censuring Jackson for alleged violation of law and of the Con- 
stitution, because he removed Government funds from the 



Census 100 Census 

United States Bank. After three years of more or less heated 
discussion, the Senate in 1837 expunged the resolution from its 
records. The second case occurred in 1842, when the Senate 
reprimanded President Tyler for improper use of his veto power 
in connection with the tariff bill. Tyler was a Senator when 
the vote against Jackson was taken, and he had cast his influence 
against the President during the three years' strife. This fact 
doubtless prompted the later trouble. For the third attack 
against the President by way of censure, see Impeachment. 

Census, an official numbering of all the people in .a country 
or district, including statistics of age, nativity, sex, occupation, 
property, cost and manner of living, value and kinds of manu- 
factured products, etc. 

The Constitution of the United States provides for a 
National enumeration every ten years; it ordered that within 
three years of the assembling of the First Congress, the first 
should be taken; in 1790 the work was completed, under Con- 
gressional auspices. In this census it was provided that free 
persons were to be distinguished from slaves; Indians were to 
be excluded from the count; males over sixteen were to be 
distinguished from those under that age. In 1810 the enum- 
eration was conducted along practically the same lines, but in 
• 1820 a step forward was taken. In that year the enumerators 
were required to add data showing the number of persons 
engaged in manufactures, commerce and agriculture. In 1830 
the number of deaf, dumb and blind persons was included, but 
the statistics on manufacturing, commerce and agriculture were 
omitted. 

Not until 1850 was census-taking brought to anything like 
its present state of efficiency. The census bureau was then 
placed under the newly-created Department of the Interior, 
and the enumeration included for the first time complete classi- 
fication of the people. The returns showed the age, sex, color; 
the deaf, dumb, blind; insane, idiots, paupers; free and slave; 
and the number drawing pensions, with their names and ages. 
There were statistical tables of mining, agriculture, commerce, 
manufactures and schools; tables giving the number of bushels 



Cent 



101 



Cent 



of grain of every kind, and of potatoes; tons of hay and hemp, 
pounds of cotton and tobacco, and the value of all dairy prod- 
ucts. Every census since 1850 has added materially to the 
list of items, and today the complete reports for one census 
fill more than a dozen large volumes. 

The table below gives figures showing the growth in 
population since 1790: 









Sexes 




Per Cent. of 




Total 


Per Cent 


per 1,000 Population. 


Urban 


Urban pop- 


Date. 


Population. 


oflncrease. 






Population. 


ulation to 












Male. 


Female. 




Total. 


1790 


3,929,214 




509 


491 


131,472 


3.35 


1800 


5,308,483 


35. ii 


512 


488 


210,873 


3.97 


1810 


7,239,881 


36.40 


510 


490 


356,920 


4.93 


1820 


9,633,822 


33.06 


508 


492 


475,135 


4.93 


1830 


12,866,020 


33.55 


508 


492 


864,509 


6.72 


1840 


17,069,453 


32.67 


509 


491 


1,453,994 


8.52 


1850 


23,191,876 


35.86 


511 


489 


2,897,586 


12.49 


1860 


31,443,321 


35.58 


511 


489 


5,072,256 


16.13 


1870 


38,558,371 


22.63 


507 


493 


8,071,875 


20.93 


1880 


50,155,783 


30.08 


510 


490 


11,318,547 


22.57 


1890 


63,069,756 


24.85 


511 


489 


18,235,670 


29.12 


1900 


76,303,387 


21.00 


512 


488 


25,031,505 


32.90 



The density of population, showing the number of people 
to each square mile in all the States, appears in the following 
table. The compilation is from the census of 1900: 



state or Territory. 

Alabama 35.5 

Alaska 1 

Arizona 1.1 

Arkansas 24.7 

California. ... 9.5 

Colorado 5.2 

Connecticut. . . 187.5 

Delaware 94.3 

D.of Columbia 4,645.3 

Florida 9.7 

Georgia 37.6 

Hawaii 23.9 

Idaho 1.9 

Illinois 86.1 



State or Territory. 

Indiana .... 70. 

Indian Ter. . 12. 

Iowa 40. 

Kansas 18. 

Kentucky. . . 53. 

Louisiana. . . 30. 

Maine 23. 

Maryland. . . 120. 
Massachusetts348. 

Micliigan. ... 42. 

Minnesota. . . 22. 

Mississippi. . 35. 

Missouri. . . . 45. 

Montana. ... 1. 



State or Territory. 



Nebraska. . . . 

Nevada 

N. Hampshire 
New Jersey . . 
New Mexico . 
New York . . . 
No. Carolina. . 
No. Dakota . . 

Ohio 

Oklahoma. . . . 

Oregon 

Pennsylvania. 
Rhode Island 



State or Territory. 



13.9 South Carolina. 44.4 

.4 So. Dakota. ... 5.2 

45.7 Tennessee 48.4 

250.3 Texas 11.6 

1.6 Utah 3.4 

152.6 Vermont 37.6 

39.0 Virginia 46.2 

4.5 Washington. . . 7.7 

102.0 W. Virginia. . . 38.9 

10.3 Wisconsin 38.0 

4.4' Wyoming 9 

140.1 

407.0 United States . 26.6 



Cent, the smallest coin, of copper, issued by the United 
States Government, the one-hundredth part of a dollar in 
value. Two one-cent pieces equal in value the English penny, 
one cent being equal to two farthings, or one half-penny. The 
cent weighs forty-eight grains, contains ninety-five per cent 
copper and five per cent tin and zinc, and is legal tender for all 
debts not exceeding twenty-five cents. Gouverneur Morris of 



Center of Population 



102 



Center of Population 



Revolutionary days deserves the credit for the introduction 
of our decimal system of money, and for the popular acceptance 
of the word cent, which had previously been but an abbrevia- 
tion of centum, or cento, meaning hundred. See Currency; 
Legal Tender. 

Center of Population. In the Statistical Atlas, a Govern- 
ment publication, the center of population is defined as "the 
point at which equilibrium would be reached were the country 
taken as a plane surface, itself without weight but capable of 
sustaining weight, and loaded with its inhabitants, in number 
and position as they are found attheperiod under consideration, 
each individual being assumed to be of the same gravity as 
every other, and consequently to exert pressure on the pivotal 
point directly proportioned to his distance therefrom." In 
short, it is the center of gravity of the population of the country. 
The center of population has steadily advanced toward the 
west, but there has been only a very slight variation from 
north to south. The table below explains the locations by 
decades : 



Census 
Year. 



1790 
1800 
1810 
1820 
1830 

1840 
1850 

1860 
1870 
1880 
1890 
1900 
1910 



North 
Latitude. 



39° 15' 
39° 16' 
39° 11' 
39° 5' 



38° 57' 9" 



39° 2' 
38° 59' 



39° 0' 4" 

39° 12' 0" 

39° 4' 1" 
39° 11' 



39° 9' 36" 



West 


1 


Longitude. 1 


76° 


11' 


2" 


76° 


56' 


5" 


77° 


37' 


2" 


78° 


33' 


0" 


79° 


16' 


9" 


80° 


18' 


0" 


81° 


19' 


0" 


82° 


48' 


8" 


83" 


35' 


7" 


84° 


39' 


7" 


85° 


32' 


9" 


85° 


48' 


54" 



Approximate Location by Important Town. 

Twenty-three miles east of Baltimore, Md. 
Eighteen miles west of Baltimore, Md. 
Forty miles northwest by west of Wash., D. C. 
Sixteen miles north of Woodstock, Va. 
Nineteen miles west-southwest of Moorefield 

W. Va. 
Sixteen miles south of Clarksburg, W. Va. 
Twenty-three miles southeast of Parkersburg, 

W. Va. 
Twenty miles south of Chillicothe, O. 
Forty-eight miles east by north of Cincinnati, O. 
Eight miles west by south of Cincinnati, O. 
Twenty miles east of Columbus, Ind. 
Six miles southeast of Columbus, Ind. 



The center of area of the United States, excluding Alaska 
and Hawaii and other recent accessions, is in northern Kansas, 
in approximate latitude 39 degrees, 55 minutes, and approxi- 
mate longitude, 98 degrees, 50 minutes. The center of popu- 
lation is therefore about three-fourths of a degree south and 
more than thirteen degrees east of the center of area. See 
Population. 



Certiorari 103 Cession of Territory 

Certiorari. A legal writ issued by a Superior court (a 
State Supreme Court, for instance) addressed to an inferior 
court (a Circuit Court in the same State, for example), directing 
that a certified copy of the proceedings of a certain appealed 
case be sent up to it for review. The writ is issued only when 
the record which accompanied the appeal is in some respects 
defective. The lower court must honor the writ. 

Cession of Territory, a term which means the transfer of 
territorial possessions from one country to another, details of 
which have been arranged by treaty. The considerations under 
which territory changes ownership are [1] purchase and sale, 
as a matter mutually benefiting both contracting countries; 
[2] voluntary annexation; [3] transfers growing out of demands 
for war indemnities. Forcible seizure could not be called 
cession. 

In United States history, all three considerations have 
prevailed. By far the most important territorial cession to 
this country was the Louisiana tract, acquired by purchase; 
Hawaii sought and secured annexation; the latest cessions 
to us were the Philippine Islands and Porto Rico, both the 
result of the Spanish-American War. Other outlying ter- 
ritory is Alaska, the Sandwich Islands, Guam, etc., each of 
which sustains Territorial relations with the general Govern- 
ment. Within the geographical limits of the American Union 
is other territory which is the property of the United States; 
namely, Arizona and New Mexico. Congress is charged with 
legislation for these Territorial dependencies; it may develop 
them with a view to ultimate Statehood, or it may dispose of 
any or all of them to any other nation. In connection with 
the Territories at home, this may seem a bold and unwarranted 
assertion, although more reasonable when applied to remote 
possessions. However, distance from the centers of population 
in no way alters the case; territory of the United States includes 
all areas not States of the Union, and such areas are considered 
simply as property of the Union [See Article IV, Section 3, of 
the Constitution] and may be disposed of in any manner Con- 
gress may decide upon. Congressional action affecting territory 



Challenge 104 Charge d' Affaires 

always reflects popular sentiment, and this sentiment links the 
home Territories to the States with ties so strong that there is 
no probability that they will ever be severed. What feeling 
will eventually crystallize with respect to outlying dependencies 
will be determined largely by our success in governing them. 
Transfer of ownership to the United States has never meant 
that full citizenship is at once bestowed upon all people living 
within the newly acquired territory. Equal property and 
religious rights are at once guaranteed, but the higher obliga- 
tions and privileges of citizenship and participation in govern- 
ment may be withheld. 

Challenge, an exception taken against a person in his 
capacity of juror in a case at law, or against a voter. In 
case of a juror, an attorney on either side of a controversy may 
object to the services of an entire jury of twelve men, in which 
the act is a challenge to the array; he may object to the accept- 
ance of one man on a ground which legally disqualifies the juror, 
and this is called a challenge for cause; or he may demand the 
removal of a juror without assigning any reason, which power, 
however, is limited to a definite number of such objections, and 
is called a 'peremptory challenge. In each of these instances 
the decision rests with the presiding judge. 

In case of a voter, any legally qualified elector may question 
before the regularly constituted board of elections the legal 
right of any man to vote. In such event the suspected person 
must depart from the polling place without casting his ballot, 
or he must precede the act of voting with a form of oath pre- 
scribed by the State statutes, fully covering the question at 
issue. 

Change of Venue. See Venue. 

Charge d' Affaires. In the absence of an Ambassador or 
Minister from his post, the officer left in charge of the legation 
is called the Charge d' Affaires. Also, in case no regular min- 
ister of higher rank is accredited to a country, a diplomatic 
agent of this name is frequently placed in charge of his country's 
interests in the foreign capital. The Charge d' Affaires is 
fourth in diplomatic rank, the three higher grades being Ambas- 



Charter 105 Charter 

sador, Minister Plenipotentiary and Envoy Extraordinary, 
and Minister Resident. See Diplomatic Service. 

Charter, [a] In its most general significance, a charter 
is a Government permit, in writing, extending over a period of 
years, under which a corporation may engage in a specified 
business under nominal official oversight. A charter may be 
granted by special Legislative act, but in most States the 
Legislatures have passed general laws on the subject under 
which the State officials grant charters to those whose applica- 
tions conform to the legal requirements. These laws in certain 
States are very strict and in others are too weak properly 
to safeguard public interests. A business house in any part 
of the country may apply for a charter in any State of the Union 
whose laws seem to them most favorable; the new corporation 
may engage in business in the city of its choice, but must 
maintain nominal headquarters within the boundaries of the 
State issuing the charter. Every charter states the legal name 
of the operating company, names the amount of capital stock, 
the number of shares and par value of each share, the kind of 
business which may be carried on, the limit of indebtedness 
permitted, etc., and it provides for reports at regular intervals 
to the authorities of the State granting the charter, by which 
any violation of charter privilege may be discovered. 

[b] When any community becomes populous enough to 
sustain self-government in affairs purely local, it applies to the 
State Government for permission to organize into a corporate 
village; if its later growth warrants added privileges, it applies 
for a new permit and becomes a city. The charter under which 
either operates is in reality a local Constitution [See Village; 
City]. The Constitution of the United States is virtually a 
great charter establishing a gigantic corporation under which 
the Union of the States is perpetuated. 

[c] In former times, the name was given to those formal 
deeds by which sovereigns granted certain governmental 
powers to the people in their colonies; such were called Royal 
Charters. Nearly all the colonies on the South Atlantic sea- 
board were charter colonies. 



Chattel 106 Checks on Government 

Chattel, any article of personal property, of a movable 
nature. The term includes everything that may be classed 
as goods, and much more. Therefore, a bond or promissory 
note is a chattel, but not goods. So, too, a leasehold of real 
estate, for a definite and determinable period, being less than 
a freehold, is a chattel. 

Chattel Mortgage. A conditional transfer of movable 
property, to secure payment of a debt. Actual transfer of 
possession from debtor to creditor does not occur unless the 
conditions of the mortgage are not satisfied. 

Checks on Government. The Government of the nation 
or of a State is a vast business organization, requiring the 
most careful adjustment of official duties and responsibilities. 
Great disaster might overwhelm the country if each of the 
three departments of Government, Legislative, Executive and 
Judicial, were permitted to exercise authority without restrain- 
ing influence. The Constitution places checks upon the action 
of each department, by which each shares in practically every 
act of Government. Neither House of Congress can override 
the other in the law-making function. The Senators, by reason 
of their six-year term and the fact that they are not dependent 
upon the votes of the people for their positions, are less likely 
to be influenced by popular clamor than the members of the 
House of Representatives; so they serve as a check upon hasty 
or ill-advised action by the numerically larger House. On the 
other hand, the House undeniably reflects the popular will, 
the day-by-day sentiment of the masses, in a way the Senate 
does not. Therefore, it is well that the House has power to 
crush any tendency the Senate may show in the direction of 
legislation which is in defiance of popular principles as inter- 
preted at the time by the majority of the people. The Presi- 
dent, with the power of veto, stands between the people and 
vicious legislation; however, he may be misinformed or mis- 
guided, and in such event cannot prevent legislation for which 
there is an overwhelming demand. Congress, by a two-thirds' 
vote of each House (not by a two-thirds' vote of members 
present and voting), may pass any bill over the President's 



Cheeseparing 107 Chief Justice 

veto. Should the President fail to execute the laws, or bring 
reproach upon his high office, the House of Representatives 
may impeach him, and the Senate will sit as a jury to try the 
case. Finally, the Judicial Department — the Supreme Court — 
may pass upon the constitutionality of any law approved by 
the Legislative Department and by the Executive. No law 
can remain on the statute books if it is declared by that highest 
court to violate the letter or the spirit of the Constitution. 

Cheeseparing, an ill-chosen word which cannot now be 
traced to its source, used to characterize a false economy in 
public affairs, by which a saving is effected in cases where entire 
justice would demand greater liberality. The sums thus saved 
are usually small and a larger amount is frequently lost through 
service thus rendered inefficient. 

Chief Justice (State Supreme Court). The Chief Justice 
of the Supreme Court of any State is elected to office simply as 
a Judge of the Court and through seniority becomes Chief 
Justice. For example, if five members constitute the court, 
the term of each is usually fixed at ten years, one member 
retiring every second year. During the last two years of a 
member's service he presides as Chief Justice. While this 
is not the invariable rule, it is the Constitutional provision in 
nearly all the States. 

Chief Justice (United States), the title given to that 
Justice of the Supreme Court of the United States who is its 
presiding officer. He is highest in authority on matters regu- 
lating practice before the court, but in rendering decisions 
he has no influence greater than that wielded by the Associate 
Justices [q. v.]. In only one instance has he duties more im- 
portant than fall to the lot of his fellow-members. If the 
President of the United States is impeached, the Chief Justice 
sits as presiding judge, with the members of the Senate as the 
jury. The Chief Justice is appointed to his position by the 
President of the United States, subject to the approval of the 
Senate. He need not previously have been an Associate Jus- 
tice and by advancement secure his elevation to the post of 
Chief Justice. In fact, no President except Washington has 



Circuit 108 Circuit Court 

ever named one of the Associate Justices to fill the position. 
The appointment is for life, with the privilege of salaried retire- 
ment at the age of seventy, if he has served ten years. The 
salary for active service is $13,000; on the retired list, $12,500. 
The following is a list of the persons who have served as 
Chief Justice, with the dates of appointment: 

John Jay, of New York, September 26, 1789. 
John Rutledge, of South Carolina, July 1, 1795. 
Oliver Ellsworth, of Connecticut, March 4, 1796. 
John Marshall, of Virginia, January 31, 1801. 
Roger B. Taney, of Maryland, March 15, 1836. 
Salmon P. Chase, of Ohio, December 6, 1864. 
Morrison R. Waite, of Ohio, January 21, 1874. 
Melville W. Fuller, of Illinois, July 20, 1888. 



John Jay received a second appointment in December, 
1800, but declined to accept it. He had resigned to accept 
a diplomatic engagement, and upon his return home had 
preferred retirement to private life. 

William Gushing, of Massachusetts, an Associate Justice 
of the Supreme Court, was appointed in January, 1796, but 
declined the honor, preferring the position he then held. 

George H. Williams, of Oregon, and Caleb Cushing, of 
Massachusetts, were both appointed in 1873 and both were 
rejected by the Senate. See Associate Justice; Supreme 
Court. 

Circuit, the name applied to a division of territory for 
judicial purposes, both Federal and State. The presiding 
officers of the courts are called Circuit Judges (State) and 
Judges of the United States Circuit Courts (Federal). The 
boundaries of State circuits are fixed by the State Legislatures; 
of United States circuits, by Congress. See Circuit Court; 
Judicial System. 

Circuit Court (State). For judicial purposes, each State 
is divided into circuits, of one or more counties each, according 
to population. Each circuit maintains as many Circuit Courts 
as the number of counties composing it. One Judge is elected 
for the whole circuit, and each county in the circuit is entitled 



Circuit Court 109 Circuit Court 

to at least two sessions of court every year. The Circuit Judge 
travels from county to county for the purpose of holding court. 
If the volume of business is too great for one Judge to dispose of, 
additional Judges are provided temporarily for the circuit; or, 
if practicable, the State is redistricted and the number of cir- 
cuits increased. Cities may have from two to twenty or more 
Circuit Judges, as required. The salary and term of office 
varies in the different States; seldom is the term longer than 
six years or shorter than four, and the salary is usually not as 
low as $2,000 per year. 

Circuit Court (United States). The laws of Congress 
provide for the following grades of courts for Federal judicial 
purposes, below the Supreme Court, which was established as 
the head of the Judicial system by the Constitution: [1] the 
United States Circuit Courts; [2] the United States District 
Courts. See Judicial System. 

The whole country is divided into as many parts as there 
are members of the Supreme Court, which number is at present 
nine. Each of these territorial divisions, comprising several 
States, is called a Circuit, and over each a Justice of the Supreme 
Court exercises certain control [See Circuit Court of Appeals]. 
The regularly appointed Circuit Courts are presided over by 
United States Circuit Judges, twenty-six in number, at present, 
who are appointed by the President for life, and who receive 
salaries of $7,000 each. The cases coming under their juris- 
diction are confined to those in which the United States is a 
party and those decreed by the Constitution as coming within 
the province of Federal authority. Each Circuit Court is an 
appellate court [q. v.] for the United States District Courts, 
embraced within its territory, and is also a court of original 
jurisidction [q. v.]. All cases may be appealed from it to the 
United States Court of Appeals and to the Supreme Court at 
Washington, with certain limitations. The States comprising 
the nine circuits are as follows: 

1, Maine Rhode Island New York 

New Hampshire 2. Vermont 3. New Jersey 

Massachusetts Connecticut Pennsylvania 



Circuit Court Commissioner 110 


Circuit Court of Appeals 


3. {Continued) 


Michigan 


North Dakota 


Delaware 


Kentucky- 


South Dakota 


4. North Carolina 


Tennessee 


Utah 


South Carolina 


7. Indiana 


New Mexico 


Maryland 


Illinois 


Oklahoma 


Virginia 


Wisconsin 


9. Cahfornia 


West Virginia 


8. Minnesota 


Oregon 


5. Georgia 


Iowa 


Nevada 


Florida 


Missouri 


Washington 


Alabama 


Arkansas 


Idaho 


Mississippi 


Nebraska 


Montana 


Louisiana 


Colorado 


Alaska 


Texas 


Kansas 


Arizona 


6. Ohio 


Wyoming 


Hawaii. 



Circuit Court Commissioner, a semi-judicial officer of a 
county in many States. When the Circuit or County Court is 
not in session, it is convenient always to have present in the 
county offices a person possessed of certain limited powers of a 
judge, who will have jurisdiction in relatively unimportant 
matters. This officer may grant a writ of attachment or a writ 
of habeas corpus, and perform other like duties, such as would 
fall to the lot of the Judge of the court during sessions. 

Circuit Court of Appeals. There are nine Federal Judicial 
Circuits in the United States, each comprising several States. 
In these Circuits United States Circuit Courts hold regular 
sessions, and inferior to them are a number of United States 
District Courts. From each of these courts many cases are 
appealed, and so great is the burden upon the next higher 
tribunal, the Supreme Court, which is frequently more than 
two years behind its docket, that Congress has authorized the 
organization of an appellate court within each Circuit, and 
has decreed that only certain cases can be sent above it on 
appeal to the Washington court. This appellate court has 
been named the United States Circuit Court of Appeals, and 
there is one for each of the nine Judicial Circuits. Each of the 
nine Justices of the Supreme Court is assigned to a circuit, so 
that the highest tribunal may still be closely connected with 
the appellate court. Once a year each Justice leaves Washing- 
ton and enters his assigned district. He calls two local Judges 



Circuit Judge 111 Citizenship 

of the Circuit Courts or District Courts to sit with him and the 
three form the Court of Appeals. They hear appeals from the 
Federal Courts of the circuit, and their judgment is final in all 
except the most important cases, which may be reviewed by 
the full bench at Washington. See Judicial System. 

Circuit Judge, the presiding officer of a Circuit Court in a 
State judicial system; also, the same officer in the Circuit 
Court of the Federal judicial system, except that the title in 
the latter instance is United States Circuit Judge. The former 
is chosen by the people of his judicial circuit for a term of years, 
while the latter is appointed by the President and holds his 
position for life, or during good behavior. See Circuit Court, 
State and United States. 

Citess, the feminine form of the word citizen; a female 
citizen. Another form sometimes used is citizeness. Some 
authorities would deny us the right to use either word, on the 
ground that citizenship knows no sex distinctions. However, 
there are instances in constitutions and laws in which the rights 
of "male citizens" and "female citizens" are sharply contrasted. 
See Citizen. 

Citizen, one who owes allegiance to a country which is 
republican in form, who is entitled to the fullest measure of 
protection from it, and who shares with his peers the responsi- 
bility of government, either direct or through delegated author- 
ity. A State has aptly been defined as a community of 
people living within certain territorial limits. The word 
citizen may be further defined as a member of such a com- 
munity who is entitled to all the rights and privileges of any 
other member. The term had little meaning in modern times 
until the English colonists in America ceased to be "subjects" 
and each newly .created American became a political unit in a 
sovereign State. See Citizenship; Citess; Resident; In- 
habitant. 

Citizeness. See Citess. 

Citizenship, the status of a citizen, with all its rights and 
privileges. The right of citizenship must not be confused 
with the right of suffrage and with the right of participation 



City 112 City 

in affairs of Government. Contrary to widespread belief, 
citizensliip does not necessarily imply the right to vote at 
elections. The Fourteenth Amendment to the Constitution 
declares that "all persons born or naturalized in the United 
States and subject to the jurisdiction thereof are citizens of 
the United States and of the State in which they reside." 
Thus, females and children possess equally with males the rights 
of citizenship. In the States of Colorado, Idaho, Utah and 
Wyoming adult women share with men every political right. 
Minor children of duly naturalized parents receive citizenship 
by the act which naturalizes the parent. A child born abroad 
of American parents is deemed a natural-born citizen. 

It is stated above that with certain restrictions every man, 
woman and child is a citizen of the United States and of the 
State of residence. It may happen that in removing from 
one State to another one loses his State citizenship temporarily, 
but he is safe in the continued possession of his broader National 
citizenship, even if he lives abroad for a long term of years. 
Only by renunciation and swearing allegiance to a foreign ruler 
does he cease to be an American citizen. 

The various States declare by statute the length of resi- 
dence necessary to entitle one to the full rights of State citizen- 
ship. See Qualifications of Voters. 

City, a densely populated political division of a State, 
organized under general or special Legislative acts, to provide 
suitable means of local self-government. 

A city is but a village of larger growth, and the village, in 
turn, has its beginning in a centralizing of the commercial 
interests of a rural section. The rural community's needs are 
only such as are common to the whole township, and no special 
legislation is needed for it. The population of a rural district 
is so scattered that improvements intended for the convenience 
of those in one section cannot be shared by others; therefore, 
taxation for the maintenance of a public enterprise which would 
really benefit only private interests would be unfair to the 
majority. Eventually, around a prominent four-corners the 
commercial activities of a large district center. The population 



City 113 City 

increases from a few dozen to as many hundreds; sidewalks 
become a necessity, street lights are demanded, and money for 
various other enterprises is needed. However, no matter how 
centrally this ambitious settlement is located, it cannot ask 
the whole township to spread a tax to provide these improve- 
ments. The small town itself must pay its own way, and it 
takes the first step in this direction by applying to the State 
for a charter. This instrument incorporates the village, locates 
its boundaries, places a limit upon its right to go into debt, 
names its administrative officers, etc. 

Under the stimulus of natural advantages and wise admin- 
istration, the population of the village may increase from 
hundreds to thousands. Then a system of sewers is required, 
paving is needed, improved- street lighting is called for; much 
of this is impossible to secure under the limitations of the 
village charter. These conditions make a more complex 
organization imperative and a city charter is sought from the 
Legislature. This new charter divides the city into election 
districts, called wards, each of which sends two aldermen to 
the City Council, its Legislative department. Executive and 
Judicial departments are provided for, the Mayor being chief 
officer of the former, city courts for trial of offenses against the 
municipality representing the latter. In some States the city 
courts are not considered essential, their functions being dele- 
gated to such Justices of the Peace of the township as are con- 
veniently located. It may be stated, in passing, that in its 
growth to metropolitan proportions, the city never fully severs 
its political connection with the township in which it is located; 
it votes with the township on certain matters in common. 

The officers of a city, as usually named in its charter, are 
as follows: 

Mayor — Chosen by the whole city for a term of one year or more. 
City Clerk — Same. 
City Treasurer — Same. 
City Assessor — Same. 

Aldermen — Two elected from each ward for the term of two years, 
one retiring each year. 



City 114 City 

Superintendent of Streets, or Street Commissioner— Elected by all 
the people for a term of one year, or appointed by the Mayor, 
with the approval of the Board of Aldermen. 

Chief of Police — Same as above. 

Chief of Fire Department — Usually appointed by the Mayor for 
one year, with the approval of the Board of Aldermen. 

The Mayor also sends to the City Council the appointments 
for City Attorney and all minor boards. If a city court is main- 
tained, the Judge who presides over it is always elected by the 
people for a term varying in length from one to four years. 
The Mayor, as chief Executive officer, is charged with enforcing 
the laws passed by the City Council, and he supervises the con- 
duct of the lesser Executive officers. He is the presiding officer 
at meetings of the Council and as occasion requires he gives 
that body his opinion as to needed legislation. 

The Board of Aldermen decide how money to meet the 
city's expenses shall be raised, and they apportion it later to 
the various funds; they are empowered to borrow money 
when necessary and pledge the city's revenues for payment. 
The erection of public buildings and other public works; regu- 
lations to secure public order and safety; the creation of new 
offices permitted by the charter; fixing the salaries of officers — 
all these matters are determined by the aldermen sitting as 
the City Council. The City Clerk is the secretary of the Council; 
he keeps all the records of the city, issues licenses, etc. The 
City Attorney drafts all legal instruments required in the conduct 
of the city's affairs; acts as attorney for the city in all court 
proceedings directed against the city, and gives legal advice 
to any officer of the municipality, upon request. The duties 
of all other officers are sufficiently explained in their titles. 

The Legislative acts of the Board of Aldermen are called 
ordinances; these vary in number and extent, according to the 
city's needs. The ordinances enter into minutest details in 
their regulation of the city's affairs, such as maintaining the 
school system; insuring precaution against fires; punishment 
of vagrancy; obstruction of streets and sidewalks; construction 
of sewers; opening and maintenance of streets; the sale of 
meats, vegetables, etc. It is advised that the reader secure a 



Civics 115 Civil List 

copy of the charter of the nearest city or village for careful 
study. 

Civics is the science which treats of citizenship and of 
the relations of a citizen to his Government. The subject, 
without abridgment, treats of [1] civil policies, or governmental 
methods; [2] the machinery of government; [3] those applica- 
tions of law most directly - affecting the interests of society; 
[4] economics, or the laws of wealth and exchange; [5] history 
of the development of civil liberty; [6] ethics, or the doctrine 
of one's duties to society. 

Civil Action. See Civil Case. 

Civil Case, any suit or action at law between persons in 
their private capacity, in which the rights of either or both 
may be legally defined and established. The word civil is 
from the Latin civilis, meaning citizen. A civil suit does not 
involve prosecution for crime, so the State is not represented 
on either side of the controversy. See Criminal Case. 

Civil Death, the extinction by law of a man's civil rights. 
A criminal sentenced to the extreme penalty of the law suffers 
civil death at the moment the sentence of the court is passed 
upon him. Imprisonment for life is in effect civil death; 
unless executive clemency intervenes, it becomes such in fact. 

Civil Laws, those laws which the people of a State or nation 
establish to govern their relations with each other in the purely 
private affairs of life. Some authorities make no distinction 
between civil law and criminal law, on the ground that they 
are both citizen-made statutes. 

Civil Liberty, the liberty of each individual to conduct his 
own affairs in his own way; in the exercise of this right, how- 
ever, he is subject to such legal restraint as will make him 
recognize the liberties and rights of others. See Personal 
Rights. 

Civil List, in the United States, that part of the Govern- 
ment's revenues which is appropriated for the salaries and 
expenses of civil officers. In Great Britain and other monarch- 
ies the civil list comprises the appropriations for the support 
of the royal House. 



Civil Rights 116 Civil Service 

Civil Rights, those rights that an individual may claim 
in his community, touching property, marriage, and the like. 
The law places all responsible citizens on a basis of absolute 
equality in all civil matters; those things which one may 
legally do are the privilege of all. 

Civil Rights Bill, an act passed by Congress in 1866, over 
the President's veto, with the protection of Southern negroes 
as its object. It decreed all persons born in the United States, 
except Indians, and not subject to a foreign power, to be 
citizens of the United States, enjoying the same rights as white 
citizens, including the right to hold property, to make con- 
tracts, etc. Thus far it foreshadowed the Fourteenth Amend- 
ment, which was proposed the same year but failed to become 
a part of the Constitution until 1868. Added features were as 
follows: A violation of the rights mentioned in the act was 
made a misdemeanor, and to assure proper punishment the 
Federal authorities were given exclusive jurisdiction in all cases; 
the President was empowered to send United States officers into 
any State where violations were reported, and to use the armed 
forces of the National Government to enforce the act. The law 
created much ill-feeling and was repealed in 1875, so far as its 
operation in the States was concerned, Congress believing that 
the Fourteenth Amendment offered sufficient protection to the 
colored population. It is still in force in the District of Columbia 
and in the Territories. 

Civil Service. The civil service of the United States is a 
name applied to the official service performed by all employes 
of the Government, except in the military and naval branches. 
As practically applied to the affairs of the various great depart- 
ments, the term refers more especially to the appointive offices 
than to those filled by election, and excludes judicial positions 
as well as officers of the army and navy. 

The Civil Service Act was passed in 1883, during the 
administration of President Arthur. Its title names its object — 
"To regulate and improve the civil service of the United 
States." Provision is made for the appointment by the Presi- 
dent of three Civil Service Commissioners, for terms of six 



Civil Service 117 Civil Service 

years each, at annual salaries of S3,500 each, a Chief Examiner 
at $3,000 and a Secretary at $2,500. It is the duty of the 
Commissioners to render aid to the President in the considera- 
tion of means by which the Government clerical service may 
be improved; to conduct all competitive examinations for posi- 
tions, and to make all rules by which such examinations shall 
be held; to announce the names of successful contestants; to 
appoint such accredited persons to vacancies, as they may 
occur; to consider charges against civil service appointees 
and dismiss them for sufficient cause only, and to make investi- 
gations and report to the President upon all matters touching 
the enforcement of civil service rules and regulations. The 
Commission sits permanently in the city of Washington. 

Extent of the Service. There are regularly employed in 
the civil service of the United States nearly 200,000 persons of 
both sexes; in 1908 only about 125,000 of these had passed by 
proclamation under the protection of the Civil Service Act. 
Thousands more will be transferred for the good of the service 
as the years pass, although there are many positions of a con- 
fidential nature where indefinite continuation in office is not 
considered to be for the good of the service. When a new head 
of a department enters office, he should be permitted to sur- 
round himself with confidential advisers of his own political 
faith, who will be in sympathy with his policies. Some of the 
positions which will probably never be transferred to the 
Commission's care are the private secretary and confidential 
clerks of the President and of the heads of each of the nine 
Executive departments; attorneys in the Department of Jus- 
tice, who are charged with the prosecution of cases before 
the courts; one assistant postmaster or chief clerk at every 
Presidential postoffice; one cashier for each postoffice of the 
first class. In the Internal Revenue Service, one principal 
cashier and one deputy collector in each collection district are 
now unprotected and there are reasons why they will doubtless 
remain so. In the Executive lists the very large number of 
officers named by the President and confirmed by the Senate 
are properly exempt from the operation of the Act. They 



Civil Service 118 Civil Service 

include members of the Cabinet, assistant secretaries and bureau 
chiefs close to the department heads, ambassadors, ministers, 
consuls and their assistants. 

Divisions of the Service. The Civil Service Act specifies 
that all the employes who are affected by said act shall be 
classed in five groups, as follows: The Departmental Service, 
the Customs Service, the Postal Service, the Government 
Printing Service, and the Internal Revenue Service. 

The Departmental Service is by far the largest in point 
of numbers, and includes all employes whose appointments 
are not subject to the approval of the Senate, and who are 
above the grade of laborer. The clerks of the various Executive 
departments and the Commissions authorized by Congress, the 
employes of the Offices of the District of Columbia, the railway 
mail service, the pension agency, the Indian service, the light- 
house service, the steamboat inspection service, the marine 
hospital service, the life saving service, the revenue cutter 
service, the mints and assay offices, subtreasuries, land offices, 
etc., are all under the rules of the Civil Service Commission. 

The Customs Service includes every officer in the various 
customs districts whose grade of position is between the ex- 
tremes mentioned in the paragraph above; the Postal Service 
includes all similar officers at free delivery postoffices; the 
Government Printing Service and the Internal Revenue Service 
are sufficiently identified by their names and cover positions 
of the grades before mentioned. 

Applications for Positions. Any person seeking appoint- 
ment in the classified service must first write to the Civil Service 
Commission at Washington for an application blank. After 
this blank is properly filled out, it is returned to Washington, 
or is sent to the Board of Examiners in the city in which the 
applicant is to be examined, as may be directed. Applicants 
for examination must be citizens of the United States and of 
proper age; anyone addicted to the use of intoxicating liquors 
to excess is not eligible to appointment, even if possessed of 
the educational qualifications. Political or religious belief, sex 
or color, do not affect a candidate's standing. The ages at 



Civil Service 119 Civil Service 

which candidates are eligible vary in the different branches of 
the service. 

Examinations. An applicant for a position in any depart- 
ment of the public service must pass a mental test to prove 
his fitness. For the ordinary clerical places in the Depart- 
mental, Customs, and Internal Revenue services, examinations 
are limited to the subjects of orthography, penmanship, copying, 
letter-writing, and the fundamental elements of arithmetic. 
Meat inspectors are examined in these branches and also in 
veterinary anatomy and physiology, veterinary pathology and 
meat inspection. One who would be an examiner of patents 
must prove his fitness in physics and technics, mathematics, 
chemistry and mechanical drawing. The most severe test 
for railway mail clerks is an exercise required of them in locating 
instantly even the most obscure postofiices in a large area and 
the nearest routes by which they can be reached; this particula*r 
test is applied after they have passed examinations in the 
common branches and have had a number of weeks of study of 
postal routes. No applicant may be examined in any of the 
recognized trades unless he has had five years' experience in his 
trade. No one can be certified for appointment to any position 
whose standing in examination falls below seventy per cent. 
After a person has passed the examination of the department 
he proposed to enter and is duly certified, he must wait for 
appointment until those whose standing is above his have 
received positions. 

A'p'pointnuents. Every appointment is made for a proba- 
tionary period of six months, and always from the eligibles 
having shown the highest grades in their examinations. If it 
happens that there are no names of eligibles upon a list for any 
position in which a vacancy exists, such vacancy may be filled 
by appointment without examination and certification, subject 
to the approval of the Civil Service Commission, and this 
appointment is legally effective until an eligible person can be 
found by the Commission. 

Salaries. Entrance to the Departmental Service is usually 
in the lowest grades, the higher grades being generally filled 



Civil Service Reform 120 Civil Service Reform 

by promotion. The usual entrance grade is about $900, but 
the appUcant may be appointed at $840, $760 or even $600. 
See Civil Service Reform. 

Civil Service Reform is reform in the civil service of the 
United States Government, with respect to appointments 
to office and dismissal therefrom. Those persons who urge 
such measures of reform are called civil service reformers, and 
their contention is that when a public servant in an appointive 
clerical position is performing his duties in an able manner, 
he should not be removed from office for political or personal 
reasons. 

It was clearly the intention of the founders of the Govern- 
ment that those officers holding their positions by appointment 
should continue in the discharge of their duties during good 
behavior President Jefferson was the first Chief Executive 
•to depart from the custom, but his removals of political enemies 
were not numerous, and he usually advanced other than purely 
political reasons for such changes as he ordered. But when 
Andrew Jackson became President, public office came to be 
considered a reward for faithful party service. Jackson advo- 
cated "rotation in office," and he turned hundreds of experienced 
employes from every department to make room for men of his 
own political party. "To the victors belong the spoils" became 
the slogan of succeeding administrations; not especial fitness 
for positions, but effective party service, was the basis upon 
which appointments were made. It can readily be seen how 
such a system would in time demoralize many branches of the 
public service, how "patronage" (the control of offices) would 
come to be a mere matter of traffic, and how that greatest 
of business enterprises, the conduct of the Government, would 
suffer from inefficiency and wastefulness. Thoughtful men in 
Congress and other patriotic citizens for years agitated the ques- 
tion of laws which would protect faithful officials from removal 
with the changes in administrations, with the result that the 
first civil service law was put into practical effect during Presi- 
dent Arthur's administration, in 1883. This was the Pendleton 
Bill, creating a Civil Service Commission of three members 



Civil War 121 Clay Whigs 

and placing certain offices under its protection. The Commis- 
sion was empowered to exercise control in all cases affecting 
officers on the civil service lists; no person in these classes 
could be removed from office unless charges were preferred 
against him and sustained. 

The Commission has sole power to fill all vacancies in 
offices which are under the civil service rules; the law stipulates 
that all applicants for appointment shall be tested by rigid 
examinations, and positions shall be assigned with reference 
only to the capacity, education, health and character of the 
applicant. Religion and politics are private matters which in 
no way affect appointment. Year by year important additions 
to the protected lists have been made by Presidential proclama- 
tion, until the majority of appointive officers in the service are 
so-called civil service appointees. In 1908 more than 125,000 
positions were among those classified; one of the largest classes 
added at any one time was that of postal clerks on mail trains, 
and mail carriers in cities, who alone number many thousands. 
There is now a demand that all the fourth-class postmasters 
in the country be transferred to the classified service; when 
this is done, it will add over 60,000 positions to the list and 
end the quadrennial scramble for postmasterships in small 
towns. 

The civil service reform idea has popularized itself by 
elevating the moral tone of the Government service and by secur- 
ing a higher grade of ability in every department it has entered; 
members of Congress have always fought its advance, because 
it deprives them of vast political power by control of appoint- 
ments; but today the majority dare not go on record with their 
votes in opposition to it. See Civil Service. 

Civil War, a war waged between citizens of the same 
country; from the Latin civilis, meaning citizen. The greatest 
civil war in the world's history was that between the Northern 
and Southern States of the American Union, 1861-1865. 

Clay Whigs, a strong wing of the Whig party in 1841-1844 
which accepted Henry Clay as its leader, in opposition to the 
President, John Tyler, who was also a Whig. Quarrels arose 



Clean Sweep 122 Coin 

between factions of the party, chiefly over the debates regarding 
a charter for a United States bank. The President was opposed 
to granting the charter, even vetoing a bill passed by Congress 
which had for its author his Secretary of the Treasury. A 
second bill embodying many of Tyler's suggestions subsequently 
passed Congress, but was vetoed. Naturally, the conflict 
between the factions was continued on other measures. These 
dissensions so weakened the Whigs that at the election of 1844 
the Democrats gained control of Congress. See Political 
Parties in the United States. 

Clean Sweep, a political phrase formerly used to indicate 
the removal of all subordinate officers by an incoming official, 
to make places for men of his own political party. Such an act 
is impossible today, owing to the protection afforded thousands 
of employes under civil service rules. See Civil Service 
Reform. 

Coast and Geodetic Survey, The, is a National undertaking 
for the security of the vast maritime interests of the country, 
by surveys of the coasts and waterways and publications of 
accurate information and maps relative thereto. The first 
attempt to organize a National coast survey "for the purpose 
of making complete charts of our coasts, with the adjacent 
shoals and surroundings," was made in 1807, for which an 
appropriation of $50,000 was made by Congress. The scope 
of the work of the bureau was gradually extended, but was 
withdrawn from the Southern States during the Civil War. 
After the acquisition of Alaska its coasts were added to the 
field of operations, and still later the new possessions of Porto 
Rico, the Philippine Islands and Hawaii have claimed their 
share of the regular appropriations. The whole work is under 
the direction of the Treasury Department. 

Coin, a piece of metal, usually an alloy [q. v.], of prescribed 
weight and fineness, stamped by authority of the Government 
and used as money. Various metals are used for coinage, gold 
and silver predominating, while copper and nickel and their 
alloys with each other comprise in large measure the subsidiary 
coin of a nation. Coins receive their names from their given 



Coin 123 Coinage 

value or from the effigy or device stamped upon them — usually 
for the reason first named. 

In all civilized countries, gold, silver and copper have 
always constituted the main elements of coinage. The essential 
qualities of a metal for coinage are durability and intrinsic 
value. The precious metals are soft, but when mixed with a 
hard baser metal in every sense meet»the first requirement. 
Gold and silver are nearly of fixed value; the ratio of their 
values has varied less .during 2,000 years than the fluctuations 
of any other two metals. See Coinage; Specie; Subsidiary 
Coin. 

Coin, Foreign. See Foreign Coin. 

Coinage, Colonial. The earliest mediums of exchange 
in the colonies which afterward formed the American Union 
were wampum [q. v.], cotton cloth, corn, furs, and tobacco. 
These were used for 
money, even under most 
unfavorable conditions, 
for a number of years. 
Overproduction of all 
these commodities even- 
tually caused a depreci- 
ation in their value and ^^^^ ^'^^ shilling 
forced the colonists to seek better and more suitable mediums 
which should be at the same time more convenient for general 
■ use. Wampum, the most important of these crude mediums, 
became so uncertain in value that the authorities of Massa- 
chusetts ultimately refused to receive it in payment of taxes. 

In none of the colonies was it possible to keep for local 
circulation the coin which came to them through trade with 
the West Indies; it had to be sent to England to pay for pur- 
chases from English merchants. To stop this drain of specie, 
mints were established in various cities along the seaboard. 

Massachusetts. The first approach to a metallic currency 
on the American continent was the following order of the 
General Court of Massachusetts, in 1636: "It is likewise or- 
dered muskett bulletts of a full boare shall passe for a farthing 





Coinage 124 Coinage 

a peece, provided that noe man be compelled to take above 
XII d. att a tyme of them." 

In May of 1652 Massachusetts established its first mint, 
at which were issued coins of the value of "12 d., 6 d. & 3 d. 
peeces" and "every shilling weighing the three penny troj 
weight & lesser peeces 
proportionably." The 
first pieces struck were 
mere planchets, stamped 
near the border with the 
letters NE, and on the 
reverse the value indi- 
cated on the several coins ^^^ England shilling. 

by XII, VI, III, in a square similarly impressed near the border. 
The greater coin is known as the "New England shilling" and 
was followed by the pine tree coins, the name applied from the 
device on the reverse side of each piece. Its second mint was 
authorized in 1787 "for the coinage of gold, silver and copper" 
and it was declared that S60,000 "be coined in convenient cents 
and half cents, the mint to be conducted by Captain Joshua 
Wetherlee." The design on the reverse side of this coin is now 
the chief device on the Great Seal of the United States. 

Virginia. The earliest coinage that can be called American 
was ordered by the original Virginia Company in 1612. It 
was not minted in the colony, however, but in the Bermuda 
Islands. In 1645 the Assembly, after a preamble reciting that 
"It had maturely weighed and considered how advantageous a 
quoine would be to this colony, and the great wants and miseries 
which do daily happen unto it by the sole dependency upon 
tobacco," provided for the issue of copper coins of the denomina- 
tion of twopence, threepence, sixpence, and ninepence; but this 
law was never carried into effect, so that the first colonial 
coinage of America was that struck off by Massachusetts under 
the order of the General Court, passed May 27, 1652. 

Maryland, in October, 1659, had shillings, sixpences 
[groats], and pennies coined in England by Lord Baltimore. 
The major coin was known as the "Maryland shilling." 



Coinage 125 Coinage 

Connecticut had in circulation a private or unauthorized 
coinage, issued by John Higley in 1737. This coinage was made 
of copper mined in the town of Granby. 

Pennsylvania made no provision for local coinage, but 
issued strict orders in the matter of counterfeiting money; 
"any persons convicted of counterfeiting" in the province was 
"doomed to suffer death without benefit of clergy" and any 
person who knowingly passed counterfeits was sentenced "to 
stand in the pillory for the space of one hour, having both ears 
cut off and nailed to the pillory, and besides receive twenty-one 
lashes in public on the bare back; and also to pay one hundred 
pounds as a fine, one-half to go to the use of the Governor, 
and one-half to the informer, with costs and charges of prosecu- 
tion assessed upon conviction." 

New Hampshire. In this colony the subject of coinage was 
considered but never was a system put into effect. Plans for 
coinage reached no further than the production of some patterns 
in 1776. 

Vermont. This was the first State to issue a copper coin- 
age. In June, 1785, it gave to a man named Harmon the right 
to make copper money for that State for two years. He 
started a mint at Rupert in Bennington County and coined 
the Vermont copper cent of 1785. 

New Jersey. In June, 1786, this State granted to three 
men the right to coin money. The partners quarreled and two 
of them started another mint. The original contract "to strike 
and coin in copper a sum equal in value to 10,000 at fifteen 
coppers to the shilling" was divided into thirds, each partner 
accepting one-third of the allotment. The coin produced was 
known as the New Jersey copper coin of 1786. See Coinage, 
United States. 

Coinage, Confederate States. In 1860, when it left the 
Union, the seceding Confederate State of Louisiana seized 
a great quantity of gold and silver bullion. Jointly with the 
Confederate Government it issued a gold coinage amount- 
ing to $254,820, in twenty-dollar pieces, and a silver coinage of 
over a million dollars, in half-dollar denominations, using the 



Coinage 



126 



Coinage 




CONFEDERATE HALF-DOLLAR. 



United States dies of 1861 of the New Orleans National mint. 
This coinage ceased in May, 1861, when the bullion re- 
maining was transferred to the Treasurer of the Confederate 
States. With this transfer, the United States dies were de- 
stroyed and the Confederate Secretary of the Treasury ordered 
a special die made for stamping half-dollars. This die was 
defective; before an- 
other could be provided, 
it was found impossible 
to get supplies of silver 
bullion, so the mint was 
closed. 

In testing the first 
die made, four coins 
were stamped, and these comprise the total output of coinage 
bearing the name of the Confederate States. They are de- 
scribed as follows: 

Obverse: A Goddess of Liberty (same as the U. S. coins) within an 
arc of thirteen stars (representing the States of the original republic). 
Exergue, 1861. 

Reverse: An American shield beneath a "Liberty Cap," the union 
of the shield containing seven stars (representing the seven seceded States), 
the whole surrounded by a wreath; to the left, cotton in bloom; to the 
right, sugar-cane. Legend, Confederate States of America. Exergue, 
Half Dol. Borders, milled. Edge, serrated. 

Coinage, United States. The adoption of the Consti- 
tution of the United States immediately simplified the question 
of coinage in the various States [See Coinage, Colonial] by 
placing the power to coin money entirely in the hands of the 
Federal Government. The various State mints were therefore 
closed, but as there was an interval of more than thirteen 
years between the declared independence of the colonies and 
the adoption of the Constitution, a few coins bearing the 
United States imprint were stamped in these State mints. 
In 1786 Congress authorized a mint, but it was not estab- 
lished; in the year following there were made at a mint in 
New Haven, Connecticut, three hundred tons of copper coins, 
the first by authority of the united voice of the new nation. 



Coinage 



127 



Coinage 



They bore the following devices: On one side thirteen circles 
linked together; a small circle in the middle, with the words 
"American Congress" within it, and, in the center, the sen- 
tence "We are one." On the other side a sun-dial, with the 
sun above it, and the word "Fugio"; and around the whole, 
"Continental Currency, 1776." Below the dial, "Mind your 
business." 

The real work of coinage under the Constitution dates 
from 1792, in which year Congress established the mint of the 
United States, but it did not get into complete and satisfactory 
operation until three years later. 

During this interval of about three years its operations 
were chiefly experimental, and hence the variety of silver 
and copper coins which appeared between 1792 and 1795, now 
so much sought after 
by coin-collectors. The 
most noted of these 
is the "Washington 
cent," or "Liberty-cap 
cent," [q. v.] so called 
because it has the pro- 
file of Washington on 
one side and a liberty- 
cap on the other. The subject of a device for the National 
coin caused much, and sometimes warm, debate in Con- 
gress. The bill for the establishment of the mint originated 
in the Senate, and provided for an eagle on one side of the 
gold and silver coins. To this there was no objection. 
The bill proposed for the reverse a representation of the head 
of the President of the United States for the time being, with 
his name and order of succession to the Presidency and the 
date of the coinage. To this it was objected that the President 
might not always be satisfactory to the people, who would be 
disturbed by the effigy of an unpopular or unworthy man. 
Besides, the head of the President might be viewed as a stamp 
of royalty on the coins, and would wound the feelings of many. 
The House, after much debate, did not agree with the Senate, 




FAC SIMILE OF FIRST MONEY COINED BY 
UNITED STATES. 



Coinage 128 Coinage 

and the bill was sent back. Then it was proposed to substitute 
a head or figure of Liberty. This was finally agreed to, but an 
attempt was afterwards made to substitute the head of Colum- 
bus. At last the eagle, in the place of the head of Liberty, was 
chosen for the golden coins. 

David Rittenhouse, of Philadelphia, was chosen the first 
director of the mint. At that city (being the seat of govern- 
ment) it was established, and was never moved from it. It 
was the sole mint until 1835, when Congress created several 
branches. [See Mint.] 

There has been much legislation affecting designs, weights, 
and fineness of the coins of the United States. As much of this 
as is of present value to the reader is given below: 

By the act of 1792 the golden eagle of 10 dollars was to weigh 270 
grains, the parts in the same proportion; all of the fineness of 22 carats. 
The silver dollar, of 100 cents, was to weigh 416 grains, the fractions in 
proportion; the fineness, 892.4 thousandths. The copper cent was to 
weigh 264 grains; the half-cent in proportion. In 1793 the weight of the 
cent was reduced to 208 grains, and the half-cent in the same proportion. 

An act was passed in June, 1834, changing the weight and fineness 
of the gold coin, and the relative value of gold and silver. The weight of 
the eagle was reduced to 258 grains, and the parts in proportion, of which 
232 grains must be pure gold, making the fineness 21 carats. The silver 
coinage was not then changed, but in January, 1837, Congress reduced the 
weight of the silver dollar to 4124 grains, and the parts in proportion. By 
act of March 3, 1849, there were added to the series of gold coins the double 
eagle and the dollar; and in February, 1853, a 3-dollar piece. On March 
3, 1851, there was added to the silver coins a 3-cent piece (a legal tender 
for sums not exceeding 30 cents), and this piece continued to be coined 
until April 1, 1853, when its fineness was raised and its weight reduced. 
By act of February 21, 1853, gold alone was made a legal tender; the 
weight of the silver half-dollar was reduced to 206 grains, smaller coins in 
proportion . Silver was made a legal tender only to the amount of 5 dollars. 
The silver dollar was not included in the change, but remained a legal 
tender. The copper cent and half-cent were discontinued in 1857, and a 
new cent of copper and nickel was coined. In 1864 the coinage of the 
bronze cent was authorized; also 2-cent pieces. By act of March 3, 1865, 
a 3-cent piece was authorized, of three-fourths copper and one-fourth 
nickel. May 16, 1866, a coinage of 5-cent pieces, tliree-fourths copper 
and one-fourth nickel, was authorized. The coinage act of 1873 prescribed 
the fineness of all gold and silver coins to be .900. The gold coins were of 
the same denomination as before; the silver coins were a "trade-dollar," 



Coin Names 129 Coin Names 

weighing 420 grains; a half-dollar, or 50-cent piece; a quarter-dollar, and 
a dime. There were also 5-cent and 3-cent silver coins issued. The issuing 
of coins other than those enumerated in the act was prohibited. It was pro- 
vided that upon the coins of the United States there shall be the following 
devices and legends . Upon one side an emblem of Liberty, with the word 
"Liberty" and the year of the coinage; and upon the reverse the figure of 
an eagle, with the inscriptions "United States of America" and "E Pluribus 
Unum," together with a designation of the value of the coin. It was pro- 
vided, however, that on the gold dollar, the 10-cent, 5-cent, 3-cent and 
1-cent pieces the figure of the eagle should not appear. The sentence 
"In God we trust" was to be added whenever practicable. 

Coin Names. The origin of the names of current coins of 
the United States may be stated as follows: 

Dollar. The word is a corruption of the German thaler. 
Other words of like significance are the Low German dahler, 
the Dutch daalder, the Danish daler, and the Italian tallero. 
They have a common origin in Joachim's Thai, a town in 
Bohemia, as far back as the year 1518. In that obscure city 
the Count of Schlick coined some silver pieces, each weighing 
one ounce; the workmanship was excellent, considering the 
lack of needed appliances. From the name of the town the 
coins were popularly known as Joachim Thalers, and soon in 
common usage the first name was dropped. The reputation 
of these coins spread rapidly and others in different parts of 
Bohemia were soon afterwards made from very similar patterns. 
The same style of silver piece was manufactured little by little 
at greater distances from the scene of its origin, and while the 
name did not change, the spelling was made to conform to local 
taste. In Spain the form dollar first appeared and through its 
colonies that spelling reached America. In coinage the word 
dollar is a favorite, being found under various spellings in every 
part of the world. 

Quarter, a word which, in connection with coinage, is 
without meaning except in the United States. The twenty-five 
cent piece, made of silver, is so called because it is of the value 
of one-fourth of a dollar. 

Dime, a term applied to one-tenth part of the standard 
silver dollar. The name is derived from the French dixieme, 
meaning a tenth, and first appeared in our coinage as disme; 



Coins 130 Colonial Congress 

this form it took on the few dimes that were stamped in the 
year 1792. 

Cent, the one-hundredth part of a dollar; a contraction 
of the French centime, meaning hundredth. 

Eagle. The figure of the National bird, the American 
eagle, was stamped on the reverse side of the ten-dollar gold 
piece, and from this design the coin took its name. See Coin- 
age, United States. 

Coins, Rare. See Rare American Coins. 

Collector, an officer authorized by law to receive taxes 
and other public revenues. As a State officer he is local tax 
collector; as a Federal officer his duties pertain solely to the 
receipt of internal revenue taxes and the collection of duties 
on imports. 

Collector of the Port, a Government official who receives 
customs duties at ports of entry. He is usually paid a salary 
and fees, the latter to stimulate official zeal in apprehending 
smugglers. See Port of Entry. 

Colonel, an officer of the army of the United States in 
command of a regiment of infantry or cavalry. In rank he is 
next below Brigadier-General and just above Lieutenant- 
Colonel. His salary upon appointment is $3,500 per year, but 
it increases ten per cent for every five years' service until a 
maximum increase of forty per cent is reached. See Com- 
parative Rank in Army and Navy. 

Colonial Congress. Soon after the attack from the north 
on Schenectady in the early part of 1690, the Massachusetts 
authorities, in alarm, addressed a letter to all colonies as far 
south as Maryland, in which they were invited to authorize the 
attendance of delegates at a conference in New York, to formu- 
late some plan of action looking to the common defense of the 
colonies. Commissioners from New York, Massachusetts and 
Connecticut met in May of the same year and planned an attack 
against Canada. This was in fact the first colonial Congress; 
however, historians deny it the honor of that name, because 
of the insufficiency of representation, reserving the title of First 
Colonial Congress to the assembly of 1765, which also raet 



Colonial Conventions 131 Colonial Government 

at New York after the passage of the Stamp Act, which caused 
so much unrest in the colonies. 

First Colonial Congress. The first important step towards 
union of the American colonies was seen in the work of the 
Albany Convention [q. v.] in 1754. Ten years later a much more 
decisive step in the same direction was forced by England/ 
although quite contrary to her expectations. The passage of 
the Stamp Act led the colonists to see the absolute necessity 
of a union of all the colonies for active resistance to the arbi- 
trary measures of the parent Government. The first step 
was taken by Massachusetts, whose Governor called a general 
congress, urging full representation from all the colonies. 
This first general Colonial Congress was held in New York in 
October, 1765, and was composed of twenty-eight representa- 
tives from nine colonies — all excepting New Hampshire, 
Virginia, Georgia, and North Carolina. The first sympathized 
with the movement; the last three did not. The sessions 
continued from the 7th to the 25th of the month, during which 
a "Declaration of Rights and Grievances," "An Address to the 
King" and a "Memorial to Both Houses of Parliament" were 
adopted. These acts were later ratified by the assemblies in 
each colony which had participated in the Congress. Not for 
nine years was another congress convened, and when in 1774 
the next was called, it was not named Colonial, but Continental 
— a term more in accord with the spirit of the times. The First 
Colonial Congress is also known as the "Stamp Act Congress." 
See Continental Congress. 

Colonial Conventions. See Albany Conventions. 

Colonial Government, Forms of. There were three forms 
of government known and practiced in the various American 
colonies. The most common was the provincial, or Royal 
rule, in which governing power was delegated by the king to 
Governors appointed by himself, who were responsible only to 
him. For nearly the whole colonial period. New Hampshire, 
New York, New Jersey, Virginia, North Carolina, South Caro- 
lina and Georgia were thus ruled. Proprietary rule was a very 
unsatisfactory form of government, but was practiced for a 



Colonial Territorial Claims 



132 



Colonies of the World 



time in Maryland and Pennsylvania, the latter including 
Delaware. Most of the other colonies at various times were 
under proprietary rule, but the proprietors relinquished their 
claims after brief attempts at control. Charter rule represented 
government by charters granted by the king; Massachusetts, 
Connecticut and Rhode Island were so governed. The charters 
in each instance gave the colonies power to elect their own 
officers and guaranteed in large measure independence in gov- 
ernment. 

Colonial Territorial Claims. See Territorial Claims of 
THE Colonies. 

Colonies of the World. The various colonies held by the 
United States and by European governments occupy about 
two-fifths of the land area of the globe, and contain nearly 
one-third of the world's population. Change in ownership of 
colonies results from purchase, exchange of territory or from 
wars. The names of all the colonies are given below, with in- 
formation as to area, the governing country and population: 



AUSTRIA-HUNGARY . 

Sq. miles. Population. 

Bosnia and Herzegovina . . ^19,702 1,568,092 

BELGIUM. 

Kongo Free State 900,000 30,000,000 

CHINA. 

Chinese Turkestan, etc. . . . 550,340 1,200,000 

Manchuria 363.610 16,000,000 

Mongolia 1,367,600 2,600,000 

Tibet 463,200 6,500,000 

DENMARK. 

Greenland 46,740 11,893 

Iceland 39,756 78,470 

West Indies 138 30,527 

FRANCE. 

Algeria 343,500 5,158,050 

Annam 52,100 6,124,000 

Cambodia. . 37,400 1,500,000 

Cochin China 20,000 2,968,600 

Comoro Isles 620 47,000 

Dahomey 60,000 1,000,000 

Guadeloupe, etc 688 182,110 

Guiana 30,500 32,910 

Guinea, French 95,000 2,200,000 

India, French 196 275,400 

Ivory Coast 120,000 2.000,000 

Kongo, French. . 450,000 10,000,000 

Laos 98,400 650,000 

Madagascar and islards. . . 227,950 2,644,700 

Martinique 380 203,780 

Mayott« 140 11,640 

New Caledonia, etc 7,650 53,350 

Oceanic establishments. .. . 1,520 29,000 

Reunion 970 173,200 



Sq. miles. Population 

Sahara, western 1,944,000 800,000 

St. Pierre and Miquelon. . . 92 6,250 

Senegal 9,070 107,800 

Senegambia and Niger. . . 370,000 8,000.000 

Somali Coast 12,000 50,000 

Tonquin 46,000 10,000,000 

Tunis 64,000 1,900,000 

GREAT BRITAIN. 

Aden and Perim 9,080 43,974 

Ascension 34 410 

Australia 3,063,113 5,623,375 

Bahamas 4,404 58,175 

Basutoland 10,293 348,000 

Bechuanaland 275,000 120,040 

Bermuda 19 20,209 

Borneo and Sarawak 73,106 660,000 

British Guiana 90,277 296,565 

British Honduras 7,562 40,372 

British New Guinea 90,540 350,000 

Canada 3,745,574 5,683,396 

Cape Colony 276,995 2,470,289 

Central Africa protectorate 40,980 977,252 

Ceylon 25,332 3,950,123 

Cyprus .3,584 248,114 

East Africa protectorate. . . 177,101 4,038,250 

Falkland islands 6,500 2,016 

Federated Malay states.... 26,380 871,974 

Fiji 7,740 121,872 

Gambia. •. 3,619 90,354 

Gibraltar 2 18,645 

Gilbert islands 180 35,000 

Gold Coast 119,260 1,486,433 

Hongkong 35 350,000 

Hongkong leased territory . 389 489,800 

India 1,766,797 294,317,08 



Colonization 



133 



Colonization 



Sq. miles. 

Jamaica 4,207 

Labuan 30 

Leeward islands 701 

Malta 117 

Mauritius 835 

Natal 3,5,371 

Newfoundland- Labrador. . . 163,734 

New Zealand 104,751 

Northern Nigeria 256,400 

Orange River Colony 50,392 

Rhodesia 431,265 

St. Helena 47 

SeycheUes 149 

Sierra Leons 30,000 

Solomon islands 8,357 

Somaliland protectorate . . . 68,000 

Southern Nigeria 77,260 

Straits Settlements 1,600 

Tonga islands 390 

Transvaal 117,732 

Trinidad and Tobago 1,868 

Turks and Caicos islands. . 169 

Uganda 223,500 

Weihaiwei 285 

Windward islands 672 

Zanzibar protectorate 1.020 

GERMANY. 

Bismarck archipelago 20,000 

Caroline and Pelew islands. 560 

German East Africa 384,180 

German Southwest Africa . 322,450 

Kaiser Wilhelm Land 70,000 

Kamerun 191,130 

Kiauchau Bay 200 

Marianne islands 250 

Marshall islands, etc 150 

Samoan islands 1,000 

Solomon islands 4,200 

Togoland 33,700 

ITALY. 

Eritrea, etc 88,500 

Somali coast 100,000 

.JAPAN. 

Formosa 13,458 

Pescadores 85 

Sakhalin 14,669 



Population. 

817,560 

9,000 

132,360 

205,059 

382,972 

1,141,406 

229,527 

888,639 

9,161,700 

387,315 

1,400,000 

3,512 

20,767 

1,680,000 

150,000 

300,000 

4,444,393 

572,249 

21,103 

1,399,528 

331,600 

5,287 

4,000,000 

131,000 

372,631 

200,000 



188,000 

50,000 

7,010,000 

200,000 

110 000 

3,500,000 

33,000 

2,000 

15,000 

33,000 

45,000 

1,500,000 



450,000 
400,000 



2,899,586 
55,222 
14,000 



NETHERLANDS. 

Sq. miles. 

Bali and Lombok 4,065 

Banca 4,446 

Billiton 1,863 

Borneo 212,737 

Celebes : 71,470 

Curacao 403 

Dutch Guiana 46,060 

Java and Madura 50,554 

Molucca islands 43,864 

New Guinea 151,789 

RiauLinnga archipelago .. 16,301 

Sumatra 161,812 

Timor archipelago 17,698 

PORTUGAL. 

Angola 484,800 

Cape Verde islands 1,480 

Damao, Diu 169 

East Africa 293,400 

Goa 1,469 

Guinea 13,940 

Macao, etc 4 

Prince's and St. Thomas. . . 360 

Timor 7,330 

RUSSIA. 

Bokhara 80,000 

Khiva 22,320 

SPAIN. 

Fernando Po, etc 780 

Rio de Oro and Odrar 70,000 

Rio Muni, etc 9,800 

TURKEY. 

Bulgaria 38,080 

Crete 3,365 

Cyprus 3,710 

Samos 180 

Egypt 400,000 

Sudan 950,000 

UNITED STATES. 

Alaska 599,446 

Guam 150 

Hawaii 6,449 

Porto Rico 3,606 

Philippines 119,542 

Samoan islands 79 



Population. 

1,041,696 

106,305 

43,386 

1,087,597 

884,141 

53,486 

74,578 

28,746,689 

410,198 

200,000 

86,180 

3,052,699 

119,239 



4,119,000 

147,424 

56,285 

3,120,000 

475,513 

820,000 

63,991 

42,103 

300,000 

1,250,000 
800,000 



21,946 
130,000 
140,000 



4,028,239 

310,185 

237,000 

53,424 

9,734,405 

2,000,000 



63,592 

9,000 

154,001 

953,243 

7,635,426 

5,800 



Colonization, [1] the temporary and unlawful settling of 
voters in an election precinct that they may vote as directed 
by unscrupulous politicians. This rarely occurs except in 
crowded city wards where the better class of voters is in a minor- 
ity. 

[2] The planting of negro colonies in Africa, by assisted 
emigration, in the years before the Civil War, in the hope of 
suppressing the slave trade. The idea originated before 1800, 
and in 1817 the American Colonization Society was formed. 
Some free negroes in the same year joined the Sierra Leone 
colony, and in 1820 an attempt was made to establish a pros- 



Colony 134 Colony 

perous colony at Sherbo Island. This effort failed and land 
was purchased on the adjacent mainland for the purpose of 
settlement. To this point nearly ten thousand colored colonists 
were shipped by 1847, and in that year its inhabitants organized 
the Republic of Liberia. For years the South encouraged 
the colonization movement, as it removed the free negroes and 
destroyed their influence over their brothers in bondage, but as 
slaves became more valuable, fewer were set at liberty and 
emigration as a result decreased. Colonization met with almost 
universal disfavor at the North before the Civil War, as it was 
looked upon as an ill-advised effort to cure a national ill. 

Every few years some prominent friend of the negro race 
urges the colored people to emigrate to Africa, where they may 
work out their political freedom far from white domination, but 
little success has ever attended these efforts. 

Colony, a settlement in a remote region under the control 
of the mother country, made usually by voluntary emigration. 
Any such settlement in which residence is not voluntary is a 
penal colony, the inhabitants of which are serving sentences 
for crimes in the parent country and are under strict surveil- 
lance. 

In the sense above noted, the United States has no colonies; 
however, the world events at the close of the nineteenth century 
involved the American republic in a war for humanity which 
ended with Porto Rico and the Philippine Islands in our pos- 
session. These dependencies are governed very largely as the 
nations of Europe control their colonies, and the same form of 
control will be necessary until the inhabitants can be taught 
a measure of self-government. 

The British colonies are divided into Crown colonies, in 
which all legislative power remains in the hands of the home 
Government and is exercised through royal Governors and other 
nominated overseers, and into colonies possessing representative 
government, in which the home Government has only a veto 
power on legislation. British India is an example of the former 
class, and Canada and Australia of the latter. See Colonies 
OF THE World. 



Colorado 



135 



Colorado 




STATE SEAL OF COLORADO. 

admitted as the thirty- 



Colorado. The greater portion of the State belonged to 
Mexico, up to the period of the Mexican War, although it was 
visited as early as 1806 by Zebulon Pike, a noted explorer. It 
passed into the possession of the United States formally by 
the treaty of Guadalupe Hidalgo, early in 1848. In 1858, 
heavy immigration to this territory followed the discovery of 
gold and silver. A provisional govern- 
ment was organized, but dispute as 
to jurisdiction delayed formation of 
the Territory; Nebraska, Utah, Kan- 
sas, Dakota and New Mexico all 
claimed governmental authority over 
it. Early in 1861, Congress organized 
Colorado Territory from portions of 
Utah, New Mexico, Kansas and Ne- 
braska, and in 1876 Colorado was 
sixth State in the Federal Union. 

Government. Colorado has had but one Constitution, the 
one originally adopted in 1876. Amendments to it must be 
submitted to the people for approval after passing each House 
by a two-thirds' vote; a majority vote of all the people is 
required on any amendment. The Executive authority is vested 
in a Governor and Lieutenant-Governor, Secretary of State, 
Auditor, Treasurer, Attorney-General and Superintendent of 
Public Instruction. Each of these is elected for two years and 
is eligible to a second term. In Colorado the Legislature is 
called the General Assembly. It consists of a Senate of thirty- 
five members, elected for four years, one-half of them retiring 
every two years; and a House of Representatives of sixty-five 
members, elected for two years. By constitutional provision 
the number of members of the General Assembly can never 
exceed 100. Sessions of the Assembly are limited to ninety 
days; no legal business can be transacted after the expiration 
of that period. The judicial power is vested in a Supreme 
Court, composed of a Chief Justice and six Associate Justices. 
It has also District, County and Probate courts. County 
government in Colorado is by commissioners. If a county has 



Columbia 136 Commerce and Labor 



a population below 70,000, there are three commissioners; if 
more than 70,000, there are five commissioners. These officers 
are chosen for terms of four years. 

Columbia. The name applied sentimentally to the United 
States, by which we aim to honor the memory of Columbus. 
Its first use has been traced to Dr. Timothy Dwight [1752- 
1818] who wrote a popular song beginning with the words, 

Columbia, Columbia, to glory arise, 

The Queen of the world and the child of the skies. 

Columbia is the feminine form of the word Columbus; 
and by common consent the emblematic goddess of the country. 

Comity of Nations, a diplomatic term for the spirit of 
friendliness existing between the great powers of the world, by 
which a Government is often impelled to grant a favor to a 
foreign power which could not be demanded as a matter of right 
under existing treaties. The word comity means friendly and 
mutual courtesy. 

Commander, an officer in the United States navy, in 
rank below Captain and above Lieutenant-Commander. The 
grade of army officer corresponding to this rank is Lieutenant- 
Colonel. Under naval regulations a Commander may be placed 
in charge of war vessels of the third or fourth class (displacement 
between 900 and 2,000 tons, such as torpedo boats and destroy- 
ers), may be chief -of-staff to a Commodore, may be assigned 
to duty in a bureau of the Navy Department, or as aid to a 
Flag Officer (fleet commander). The pay of a Commander is 
$3,500 per year while on sea duty, $3,000 on shore duty, and 
$2,300 on leave of absence or while waiting orders. See Com- 
parative Rank in Army and Navy. 

Commerce, the exchange of goods or property on a large 
scale, between States or nations. In the science of political 
economy commerce is grouped by some authorities with agri- 
culture and manufactures as a branch of produqtion. See 
Active Commerce; Passive Commerce. 

Commerce and Labor, Department of. The ninth 
Executive Department of the Government of the United States, 
at the head of which is the Secretary of Commerce and Labor. 



Commerce and Labor 137 Commerce and Labor 

The Department was created in February, 1903, and its chief 
was made a member of the Cabinet of the President. It is the 
province of the Secretary of Commerce and Labor to deal with 
commerce in its broadest sense, including whatever concerns 
labor and all matters affecting great business corporations and 
the country's merchant marine. Through this Department 
the Government expects to broaden our markets, secure our 
business interests on a firm basis, and make safe our position in 
the international world of industry, all the while scrupulously 
safeguarding the rights of wage-earner and capitalist. 

The Department of Commerce and Labor is made up of 
several bureaus from the State, Treasury and Agricultural 
Departments, with the new Bureau of Corporations and another 
of Manufactures. It took from the Treasury Department the 
Lighthouse Board, the Lighthouse Establishment, the Steam- 
boat Inspection Service, the Coast and Geodetic Survey, the 
Bureau of Immigration and the Immigration Service at large, 
the Shipping Commissioner, the Bureau of Statistics of the 
Treasury Department and the Bureau of Navigation; from the 
Interior Department, the Census Bureau; from the State 
Department, the Bureau of Foreign Commerce; and from the 
Agricultural Department, the Bureau of Standards, the Com- 
mission of Labor and the Fish Commission. The President is 
empowered to transfer to the Department of Commerce statis- 
tical or scientific work from any of the other Departments, but 
he cannot transfer work of the Interstate Commerce Commis- 
sion or the statistical work of the Department of Agriculture. 
In some respects this is one of the most important depart- 
ments of the Government. It is preeminently the business 
department. It is the aim of the Department to bring all the 
various bureaus into closer and more effective working relation- 
ship and to help American commerce and American business 
men in every way possible. 

The Secretaries of Commerce and Labor are as follows: 

George B. Cortelyou, New York, Appointed Feb. 16, 1903. 

Victor H. Metcalf, California, " July 1, 1904. 

Oscar S. Straus, New York, " Dec. 3, 1906. 



Commission 138 Committee of the Whole 

See Corporations, Bureau of; Cabinet of the Presi- 
dent. 

Commission, [1] a body composed of two or more persons 
appointed by Executive or Legislative authority to perform a 
specified public service. Frequently to such a body is dele- 
gated the power to call witnesses and put them under oath, and 
it may cite before courts for punishment those who refuse to 
appear or to answer questions. [2] A document issued by 
Executive authority, conferring designated rank or power on 
the person named; as, a commission as Ambassador to France, 
or a commission to be Colonel of a regiment. 

Commissioner, a man bearing the authority of his Govern- 
ment, State or National, to administer some office of trust, or 
execute some public measure. He usually serves with other 
commissioners, who form a board, or commission. His official 
acts are limited to the services legalized by the appointment. 

Commissioner, County. See County Commissioner. 

Committee of the Whole. In a law-making body, proposed 
legislation is considered in committees before being presented 
to the whole assembly for definite action. Sometimes it is 
desirable that, instead of referring a matter to a particular 
committee of a limited number of members, the whole body 
participate in its consideration. In such case the members 
resolve themselves into what is called a Committee of the 
Whole, upon motion to that effect, whereupon the presiding 
officer leaves his chair and calls another meniber to take his 
place. The body is thus organized into a Committee of the 
Whole, and discussion of the topic under consideration may 
proceed along parliamentary lines. When the Committee has 
finished tlie consideration of the subject entrusted to it, the 
temporary chairman resumes his place as a member on the 
floor and the permanent chairman again assumes his station. 
The temporary chairman is recognized as the chairman of the 
Committee of the Whole, and after the regular organization is 
resumed, he makes a report to the legislative body of the action 
of the Committee. To be sure, every member present, having 
been a participant in the deliberations of the Committee of the 



Committee of Ways and Means 139 Committees of Congress 

Whole, knows exactly what has been done, but it is necessary 
to present the matter in a formal way to the whole body in just 
the same manner as though the consideration of the proposition 
had been in the hands of a minor committee in a distant com- 
mittee room. The obvious advantage of the Committee of 
the Wholeis that every member of a Legislative body may parti- 
cipate in the preliminary discussion of a proposed measure 
before it is formally reported to the whole body for final action. 

The rules and powers of this Committee differ in many 
particulars from those of the assembly, offering greater freedom 
of debate and making it possible often to gain much time in 
disposing of a question. In this Committee a member may 
speak as frequently as he can obtain the floor, the previous 
question may not be moved, nor can motions, appeals or amend- 
ments be laid on the table. The proceedings of the Committee 
of the Whole do not appear in the record of business; it contains 
only the motions by which the committee is organized and 
adjourned and the later report of its chairman. In the House 
of Representatives, the rules every year contain a provision 
that certain bills, usually measures relating to the granting of 
public money, must be considered in Committee of the Whole 
before being debated by the House. The Senate of the United 
States does not resolve itself into such a committee. In that 
body it is simply moved that a question be considered "as in 
committee of the whole." See Committees of Congress. 

Committee of Ways and Means. See Ways and Means. 

Committees of Congress. The real business of Congress, 
the work which decides the fate of all measures proposed to 
be made into laws, is carried on by committees, and only the 
favorable or unfavorable reports they may submit to the House 
and Senate are matters of public record. These committees 
consider bills referred to them behind closed doors, but an 
opportunity is always given citizens to appear at least once 
before them for a hearing on any measure under consideration. 
The committees vary in importance from those which are so 
powerful that membership on them is considered a high honor, 
to those which are obliged to meet but seldom. 



Committees of Congress 140 Committees of Congress 

Senate. The committees of the Senate are selected by the 
Senators themselves. The presiding officer is not qualified to 
make the selection, as he is not a member of the Senate, being 
placed there by a mandate of the Constitution, simply as pre- 
siding officer. A special committee of leading members of the 
Senate is selected by caucus at the beginning of each new 
Congress to name the membership of the various committees. 
The minority political party is given representation on all 
committees, usually in proportion to its numerical strength. 
The committees of the Senate are as follows: 

STANDING COMMITTEES. 

Agriculture and Forestry; Appropriations; Audit and Control the 
Contingent Expenses of the Senate; Canadian Relations; Census; Civil 
Service and Retrencliment; Claims; Coast and Insular Survey; Coast De- 
fenses; Commerce; Corporations Organized in the District of Columbia; 
Cuban Relations; District of Columbia; Education and Labx)r; Engrossed 
Bills; Enrolled Bills; Examine the Several Branches of the Civil Service; 
Finance; Fisheries; Foreign Relations; Forest Reservations and the Pro- 
tection of Game; Geological Survey; Immigration; Indian Affairs; Indian 
Depredations; Inter-oceanic Canals; Interstate Commerce; Irrigation; 
Judiciary; Library; Manufactures; Military Affairs; Mines and Mining; 
Mississippi River and Its Tributaries; Naval Affairs; Organization, Con- 
duct and Expenditures of the Executive Departments; Pacific Islands and 
Porto Rico; Pacific Railroads; Patents; Pensions; Phihppines; Post Offices 
and Post Roads; Printing; Private Land Claims; Privileges and Electiofas; 
Public Buildings and Grounds; Public Health and National Quarantine; 
Public Lands; Railroads; Revision of the Laws of the United States; 
Revolutionary Claims; Rules; Territories; Transportation Routes to the 
Seaboard* University of the United States. 

SELECT COMMITTEES. 

Additional Accommodations for the Library of Congress; Disposition 
of Useless Papers in the Executive Departments; Examination and Dis- 
position of Documents; Five Civilized Tribes of Indians; Industrial Ex- 
positions; Investigation of the Condition of the Potomac River Front at 
Washington; Investigate Trespassers upon Indian Lands; National Banks; 
Standards, Weights and Measures; Transportation and Sale of Meat 
Products; Ventilation and Acoustics; Woman Suffrage. 

House of Representatives. In the House of Representa- 
tives, the Speaker is absolute dictator in the matter of com- 
mittee assignments. He is not only a member of the House, 
but precedent makes him the chairman of the Committee on 



Commodore 141 Commodore 

t ■" ■ ■' ■ ..I ■ I ■ ■ 

Rules, which declares what the order of business shall be. 
This is the most powerful committee of Congress. First in 
importance in the House of Representatives is the Ways and 
Means Committee, to which falls the duty of devising ways 
and means of raising revenue to meet the current expenses of 
the Government. Committee assignments are for two years, 
the term of a single Congress. As in the Senate, there is great 
rivalry among the members for important committee assign- 
ments. The standing committees of the House are as follows: 

Accounts; Agriculture; Alcoholic Liquor Traffic; Appropriations; 
Banking and Currency; Census; Claims; Coinage, Weights and Measures; 
Disposition of Useless Executive Papers; District of Columbia; Education; 
Election of President, Vice-President, and Representatives in Congress; 
Election No. 1; Election No 2; Election No 3; Enrolled Bills; Expenditures 
in the Department of Agriculture; Expenditures in the Department of 
Commerce and Labor; Expenditures in the Department of Justice; Ex- 
penditures in the Interior Department; Expenditures in the Navy De- 
partment, Expenditures in the Post Office Department; Expenditures 
in the State Department; Expenditures in the Treasury Department; 
Expenditures in the War Department; Expenditures on Public Buildings; 
Foreign Affairs; Immigration and Naturalization; Indian Affairs; Industrial 
Arts and Expositions; Insular Affairs; Interstate and Foreign Commerce; 
Invalid Pensions; Irrigation of Arid Lands; Judiciary; Labor; Levees and 
Improvements of the Mississippi River; Library; Manufactures; Merchant 
Marine and Fisheries; Mileage; Military Affairs; Militia; Mines and Mining; 
Naval Affairs; Pacific Railroads; Patents; Pensions; Post Office and Post 
Roads; Printing; Private Land Claims; Public Buildings and Grounds; 
Public Lands; Railways and Canals; Reform in the Civil Service; Revision 
of the Laws; Rivers and Harbors; Rules; Territories; Ventilation and 
Acoustics; War Claims; Ways and Means. 

In the House of Representatives there is no list of special 
committees, but the Speaker may appoint temporary com- 
mittees as occasion requires. See Committee of the Whole; 
Phesident of the Senate; Speaker of the House of 
Representatives. 

Commodore, an officer in the navy of the United States 
and a few European countries, next in rank below Rear- 
Admiral. The Commodore is fourth and last in the list of fleet 
officers of the United States navy and in rank above Captain, 
the highest grade of ship's officers. A Commodore may com- 



Common Carrier ' 142 Common Law 

mand a division or squadron, be chief-of-staff of a naval force 
commanded by an Admiral, Vice-Admiral or Rear-Admiral, 
may command a battleship of the first class, or may be placed 
in charge of a naval station. The pay of a Commodore is $5,000 
per annum while on sea duty, $4,000 on shore duty, $3,000 
while on leave of absence or on waiting orders. The cor- 
responding army rank is that of Brigadier-General. At the 
age of sixty-two a Commodore retires from active duty, on 
three-fourths active sea-duty pay. See Comparative Rank 
OF Army and Navy. 

Common Carrier. A common carrier is a person or cor- 
poration that undertakes to transport goods or movable prop- 
erty, for hire. Under the law he is subject to peculiar liabilities. 
He is bound to carry unobjectionable goods of any person who 
may present them to him for shipment and offer payment of 
charges, and is subject to penalty if he refuses, except upon 
reasonable grounds. Dangerous substances and packages 
too heavy or too bulky for conveyance by the means at hand 
may be legally rejected. He is obliged to carry the goods by 
usual routes, with no unnecessary deviation or delay. To 
make him liable for damages there must be legal delivery of 
a shipment into his possession; i. e., it must be delivered at 
the place where he usually receives consignments, and during 
usual hours. His charge must be reasonable, and he must 
not give preference to one shipper over another, either in 
expeditious service or in his charges. The latter principle is 
enforced by Legislative acts and applies with force to the great 
railway systems of the nation. See Interstate Commerce 
Act. 

Common Law, a term of English origin, meaning the old 
English system of laws originating simply in custom and 
usage. The common law consists solely of rules of action 
handed down by tradition, often in complete and definite shape, 
but frequently bequeathed only as the embodiment of the 
spirit or tendency of the times. The common law, then, is 
not statutory; that is, it is not law which has been enacted 
by Legislative assemblies; neither has it ever been reduced to 



Commonwealth 143 Commutation of Sentence 

a regular code or to classification. It can only be found in 
the treatises of learned writers and commentators and in the 
decisions of courts of law, handed down through successive 
generations of English people. These treatises and court 
decisions, recognized as fair and impartial, were promptly 
endowed by public opinion with the binding force of statutes. 
Such laws were, of course, from the highest authority, and 
wherever the decisions did not conflict, they were taken as 
irrevocably establishing precedent for all time. Later courts, 
in deciding cases, referred to precedents laid down in former 
cases, in the same manner as American courts today base their 
actions upon our statute law; thus the common law gained 
strength with the years. 

The United States has no common law, strictly speaking; 
when we refer to common law, we acknowledge indebtedness 
to these old English principles of law, brought to this country 
by the early colonists and treasured by them as a priceless 
heritage. After the Revolutionary war, the States of the new 
Union could have rejected the entire body of common law 
principles had they so desired, but so highly esteemed were the 
old traditions that in all States except Louisiana there existed 
these well defined rules, by common consent, before any statutes 
were framed. These remained in effect until superseded by 
specific acts of legislation.- Common law precedent may be 
found to fit every case not provided for by statute. The laws 
of Louisiana are all based upon the Napoleonic code, owing 
to French influence yet prevailing at the time of admission to 
the Union. 

Commonwealth, another name for a State of the Union. 
This term is most popular in the New England States; it is 
little used in the West. 

Commutation of Sentence. In all State Constitutions and 
in the United States Constitution there are provisions for the 
exercise of clemency by the Executive power towards those 
under the sentence of the law for crimes and misdemeanors. 
The Governor in each State stands between the convicted man 
and possible cases of undue severity of the law, and it is his 



Compact of the Pilgrims 144 Compact of the Pilgrims 

privilege, as well, to lessen punishment whenever circumstances 
call for clemency, though the punishment, when decreed, 
seemed fully justified by all the evidence. A commutation of 
sentence is a shortening of the term of imprisonment, but does 
not extend to immediate and unconditional release; the latter 
act would be called a pardon. In case the offense is one against 
the laws of the United States, the President holds the power 
of commutation of sentence. See Pardon. 

Compact of the Pilgrims. The first instrument of civil 
government ever subscribed to by all the people concerned was 
the Compact of the Pilgrims. The document was drawn up 
and signed November 11, 1620, new calendar, by the forty-one 
heads of families who sailed in the "Mayflower." In spelling 
and capitalization, the following is an exact copy of the original 
document : 

"In ye name of God, Amen. We whose names are underwritten, 
the loyall subjects of our dread soveraigne Lord, King James, by ye Grace 
of God, of Great Britaine, France & Ireland King, Defender of ye Faith, 
etc. Haveing undertalcen, for ye Glorie of God, and advancemente of ye' 
Christian Faith and Honour of our King and countrie, a Voyage to plant 
ye first Colonie in ye Northerne part of Virginia, doe by these presents 
solemnly and mutually in ye Presence of God, and of one another, Covenant 
& Combine our selves togeather into a Civill body Politick, for our better 
Ordering & Preservation & Furtherance of ye ends aforesaid; and by 
Vertue hearof to enact, constitute, and frame such just & equal! lawes, 
ordinances, Acts, Constitutions & Offices, from Time to Time, as shall be 
thought most meete & convenient for ye generall good of ye Colonie, unto 
which we promise all due submission and obedience. 

In witnes wherof we have hereunder subscribed our Names at Cap. 
Codd ye 11 of November, in ye year of ye Raigne of our Soveraigne Lord 
King James, of England, France & Ireland ye Eighteenth, and of Scotland 
ye fiftie fourth Ano: Dom. 1620." John Carver, WiUiam Bradford, Edward 
Winslow, William Brewster, Isaac AUerton, Miles Standish, John Alden, 
Samuel Fuller, Christopher Martin, WiUiam Mullins, WiUiam White, 
Richard Warren, John Rowland, Stephen Hopkins, Edward Tilley, John 
Tilley, Francis Cook, Thomas Rogers, Thomas Tinker, John Ridgedale, 
Edward FuUer, John Turner, Francis Eaton, James Chilton, John Crack- 
stone, John Billington, Moses Fletcher, John Goodman, Degory Priest, 
Thomas Williams, Gilbert Winslow, Edward Margeson, Peter Brown, 
Richard Britteridge, George Soule, Richard Clarke, Richard Gardiner, 
John AUerton, Thomas EngHsh, Edward Doty, Edward Leister. 



Comparative Rank — 145 Compromise of 1850 

Comparative Rank in Army and Navy. In the army and 
the navy care is taken to provide Uke grades or rank for these 
branches of the Government service. There are four grades 
of field officers and equal fleet officer grades; three grades of 
regimental officers, with corresponding grades of ship officers; 
three military company grades and three equivalent subordinate 
grades of ship officers. In the comparative table below the 
figures at the left of each name will assist the reader to identify 
corresponding grades : 

Field Officers: Fleet Officers: 

1 General, $13,500. 1 Admiral, $13,000. 

2 Lieutenant-General, $11,000. 2 Vice-Admiral, $9,000. 

3 Major-Generals, $7,500. 3 Rear-Admirals, $6,000. 

4 Brigadier-Generals, $5,500. 4 Commodores, $5,000. 

Regimental Officers: g^^^p Officers: 

5 Colonels, $3,500 to $4,500. r p - • 

6 Lieutenant-Colonels, $3,000 to ^ Captams, $4,500. 

^ . f.^^ 6 Commanders, $3,500. 

7 Majors, $2,500 to $3,500. ■ ^ Lieutenant Commanders, $2,800. 

Company Officers: Subordinate Ship Officers: 

- 8 Captains, $1,800 to $2,800 8 Lieutenants, $2;400 to $2,600. 

9 First Lieutenants, $1,500 to 9 Masters, $1,800 to $2,000. 

$2,240. 

10 Second Lieutenants, $1,400 to 10 Ensigns, $1,200 to $1,400. 
$2,100. 

The salaries in the two branches do not harmoinze so 
exactly. For lists of pay of all officers, see Op^ficers of the 
Army and Officers of the Navy. 

Compromise of 1850, otherwise known as the Omnibus Bill, 
was a Congressional act growing out of the discussion of slavery 
as it pertained to the territory acquired two years before from 
Mexico. In 1850 California adopted a Constitution which 
forever prohibited slavery within its limits. This document 
was highly satisfactory to the North, but the South would not 
agree that California should be admitted as a State with that 
objectionable clause unless another State were at the same time 
created favorable to slavery. Naturally the organization of 
all the territory acquired from Mexico was earnestly discussed 
in connection with the issue in California. Henry Clay pro- 



Compromises of the Constitution 146 Compromises of the Constitution 

posed a compromise containing seven distinct propositions, as 
follows : 

(1) The postponement of admission of new States formed out of 
Texas until Texas should make such demands. 

(2) The admission of California as a free State. 

(3) The organization of all territory acquired from Mexico, except- 
ing California and that within the Wilmot Proviso, as the Territories of 
New Mexico and Utah. 

(4) The combination of the third and fourth provisions in one bill. 

(5) The establishment of the Texas boundaries and the payment 
to that State of $10,000,000 if it would abandon its claims on New Mexico. 

(6) More effectual laws for the return of fugitive slaves to their 
masters in any slave State. 

(7) Abolition of the slave trade in the District of Columbia, but 
slavery to be left there unmolested. 

When this bill was first reported out of committee, it 
contained but two propositions; the others were added from 
time to time as compromises, and these brought from the 
opposition the ironical comment that the bill was like an 
omnibus — there was always room for something more in it. 
All of the seven propositions enumerated became laws, and 
they were in force until 1854, when the Kansas-Nebraska Bill 
virtually repealed them. See Kansas-Nebraska Bill. 

Compromises of the Constitution. In the Convention of 
1787, otherwise known as the Constitutional Convention, it 
was inevitable that there should be serious differences of 
opinion on questions of great importance to the new nation. 
On one point only did all the members seem to be in harmony: 
the Articles of Confederation [q. v.] had proved inadequate 
to the needs of the Union of the States, and better fundamental 
law was imperative. While the Convention in four months 
produced "the most wonderful document ever conceived by 
the brain of man within so short a period" (Gladstone), many 
of its provisions were the result of compromises between con- 
tending factions. The first division was over the kind of gov- 
ernment which should be established — whether each State 
should be in every respect supreme within its own bounds or 
be inferior to a strong national, centralized Government. 
The close student can see in the Constitution as adopted evi- 



Compromises of the Constitution 147 Compromises of the Consitution 

dences of remarkable fairness to both sides in the settlement 
of the vexed problem. 

Another point of contention was the question of representa- 
tion in the Senate and House of Representatives. To give to 
each branch its members according to population would for- 
ever place controlling power in the hands of the large and 
populous States, while to limit the members of each branch to 
two, three, or four men from each State would give the small 
commonwealths an advantage not at all proportionate to their 
size and importance. The result of the extended debate on 
this point gave the States absolute equality in the Senate and 
provided membership in the House of Representatives propor- 
tionate to the population. 

One of the elements of weakness of the Articles of Con- 
federation was the lack of power to regulate commerce. Nearly 
all the States were inclined to give to Congress the entire super- 
vision of commercial questions; those opposing the proposition 
were the ones whose industries were almost exclusively the 
cultivation of rice, tobacco and cotton, and they feared the 
adoption of an export tax, which while general in its applica- 
tion, would fall upon them with especial severity and jeopardize 
their markets abroad. Accordingly, by a satisfactory com- 
promise. Congress assumed complete control over commerce, 
except that it was never to levy an export tax. 

From the earliest days of our national life, slavery ques- 
tions perplexed our statesmen. At least two States — South 
Carolina and Georgia — refused to enter the Union if the slave 
trade were to be prohibited or even discriminated against. 
They secured a compromise from the radical, anti-slavery wing 
to the effect that for twenty years (until 1808) importation of 
slaves should not be prohibited, but in the meantime a tax not 
to exceed ten dollars per head might be imposed on slaves 
brought into the country, in the discretion of Congress. It 
may be stated, in passing, that as soon as the Constitutional 
limitation expired, all slave-trading was abolished. Two other 
concessions to the slave States were made in the convention; 
the first referred to the return of fugitive slaves, and the second 



Comptroller 148 Comptroller of the Currency 

allowed the counting of three-fifths of the slaves as "persons" 
in fixing the basis of representation of a State in the House 
of Representatives. 

Comptroller (also spelled Controller), an officer of a State, 
city or corporation, whose duty is to examine and verify 
accounts, by comparing them with registers of account or 
vouchers. In many instances money can be legally paid out 
only after bills are approved by the Comptroller. 

Comptroller of the Currency, an officer of the United 
States Government, in the Treasury Department, having direct 
supervision of all banks chartered under the National Bank 
Act. He is appointed by the President, on the recommendation 
of the Secretary of the Treasury, by and with the advice and 
consent of the Senate, and holds office for a term of five years, 
unless sooner removed by the President for reasons which he 
must communicate to the Senate. His salary is $5,000 per 
year. The Comptroller is required to make an annual report 
to Congress, at the commencement of its session, embracing 
the following information: 

1. Condition of National Banks. A summary of the 
state of every National bank at the date the latest reports 
were made to him, with an abstract of the whole amount 
of banking capital involved, the whole amount of their debts 
and liabilities, the amount of circulating notes (National bank 
bills) outstanding, and the total amount of resources, specifying 
the amount of lawful money held by them at the time of said 
reports, and such other facts known to him relating to the 
banks as may in his judgment be useful to Congress. 

2. Closed Banks. A statement of the banks whose 
business has been closed during the year, with the amount of 
their circulation redeemed and the amount yet outstanding. 

3. Amendments Proposed. Any amendment to the laws 
relative to banking by which, in his judgment, the system may 
be improved. 

4. Condition of Banks Other than National. A statement 
exhibiting the resources and liabilities and condition of State 
banks, banking companies and savings banks organized under 



Comptroller of the Treasury 149 Comptroller of the Treasury 

the laws of the several States and Territories, such information 
to be obtained from reports of such banks to their State author- 
ities; where reports cannot be obtained, the deficiency is to 
be supplied from such authentic sources as may be available. 

5. Employes and Expenses. The names and compensa- 
tion of the clerks employed by him, and the whole amount of 
expenses of the banking department for the year. 

The foregoing list of topics enumerated in his annual 
report indicates in large measure the scope of the Comptroller's 
duties. To this may be added that in case of the failure of a 
National bank or irregularity in its conduct, it is his duty to 
appoint a receiver to take control of the institution and close 
up its affairs, or to permit it under certain conditions to resume 
business upon a lawful basis. To keep the Comptroller in- 
formed as to the conduct of the banks, a large force of National 
bank examiners is constantly employed under his direction, 
and they make careful personal investigation of all banks at 
various times each year. See National Bank Act. 

Comptroller of the Treasury, the chief officer of the Treasury 
Department of the United States next below the Secretary of 
the Treasury and his two Assistant Secretaries. The office 
was created in 1789, and in 1817 a Second Comptroller was 
provided for. The First Comptroller examines all accounts 
which are passed by the First, Fifth, and Sixth Auditors of the 
Government and certifies to their correctness. He must coun- 
tersign all warrants drawn for the payment of money by the 
Secretary of the Treasury, and thus he controls absolutely all 
payments in the Department. Any proposed payment he 
deems not strictly in conformity with Congressional appropria- 
tion he may refuse to sanction, and there is no appeal from his 
decision except to Congress. 

The Second Comptroller examines the accounts of the 
Second, Third, and Fourth Auditors, and certifies to their 
correctness. He countersigns all warrants for the payment 
of money issued by the Secretary of War and the Secretary of 
the Navy. He has here the same veto power on improper 
expenditures that the First Comptroller exercises in the Treas- 



Concurrent Resolution 150 Confederate States 

ury Department. The warrants from the other Departments 
are divided between the two Comptrollers. The salary is 
$5,500 per year, and appointment is by the President, upon 
recommendation of the Secretary of the Treasury, by and with 
the advice and consent of the Senate. 

Concurrent Resolution. See Resolution. 

Confederate States. The Confederate States of America 
was a short-lived republic instituted within the territorial 
limits of the United States by eleven seceding States of the 
American Union, existing from February 14, 1861, at which date 
its first Congress convened, to March 18, 1865, the date of ad- 
journment of its second and last Congress. The cause of 
secession was the question of African slavery, long a matter 
of heated disputation between the North and the South. 

The first legislative move towards a separate Government 
which should recognize the rights of the slave-holding section 
occurred in a convention held at Columbia, South Carolina, 
December 17, 1860, but (on account of epidemic) adjourned to 
Charleston, where, on December 20, the following ordinance 
of secession was passed: 

We, the people of the State of South Carolina, in convention assem- 
bled, do declare and ordain, and it is hereby declared and ordained, that 
the ordinance adopted by us in convention, on the twenty-third day of 
May, in the year of our Lord 1788, whereby the Constitution of the United 
States was ratified, and also all acts and parts of acts of the General As- 
sembly of this State ratifying amendments of the said Constitution, are 
hereby repealed; and that the Union now subsisting between South Caro- 
lina and other States, under the name of the United States of America, 
is hereby dissolved. 

The table below shows the rapid progress of the movement. 
The Confederacy began to assume tangible form, on the day the 
ordinance was approved, with the secession of South Carolina: 



State. 


Act of Secession. 


Vote 


South Carolina 

Mississippi 


Dec. 20, 1860 

Jan. 9, 1861 

" 10, " 

" 11, " 


Unanimous. 
84 yeas, 15 nays. 


Florida 


62 " 7 " 


Alabama 


61 " 39 " 







Confederate States 



151 



Confederate States 



State. 


Act of Secession. 


Vote. 


Georgia. 


Jan. 19, 1861 

" 26, . " 
Feb. 1, " 
Apr. 17, " 
May 6, " 
" 21, " 
June 8, " 


208 yeas, 89 nays. 
113 " 17 " 


Louisiana 


Texas 


166 " 7 " 


Virginia 

Arkansas 


88 " 55 " 
69 " 1 " 


North Carolina 

Tennessee 


Unanimous. 



When the Charleston convention adjourned, it was voted 
that the same delegates should meet at Montgomery, Alabama, 
o'n February 4, 1861. Here, on the 18th of February, Jefferson 
Davis was inaugurated President of the Confederacy, with 
Alexander H. Stephens as Vice-President; the Constitution 
was adopted March 11; the permanent Government was 
definitely established February 22, at the designated captial, 
Richmond, Virginia. The President's Cabinet at first con- 




CONFEDERATE TREASURY NOTE. 



tained the following men, but several changes occurred in its 
personnel during the three years in which it was at the head 
of the Confederacy's affairs : 

Secretary of State, Robert Toombs, 
Secretary of Treasury, C. J. Memminger, 
Secretary of War, L. Pope Walker, 
Secretary of Navy, Steph. R. Mallory, 
Attorney-General, Judah P. Benjamin, 
Postmaster-General, John H. Reagan. 



Confederate States 



152 



Confederate States 



The Confederate Congress at the height of its power 
numbered twenty-six Senators, counting two each for a short 
time from Kentucky and Missouri, and one hundred six Repre- 
sentatives. There were four sessions of what was known 
as the Provisional Congress; the first meeting February 4, 
1861, and the last on November 18 of that year. The per- 
manent Congresses under the Confederacy were two in number; 
the first organized on February 18, 1862, held four sessions 
and adjourned February 18, 1864; the second met May 2, 

1864, and concluded the labors of two sessions March 18, 

1865. After the restoration of peace between the two sec- 
tions, the States of the fallen Confederacy were re-admitted 
to the Union in the following order: 



EE-ADMITTED TO THE 


DATE 


NEW CONSTITUTION 


UNION 


ADOPTED 


RATIFIED 


Alabama 


June 25, 1868 

" 22, 1868 

'■ 25, 1868 

July 15, 1870 

June 25, 1868 

Feb. 23, 1870 

June 25, 1868 

" 25, 1868 

July 24, 1866 

Mar. 30, 1870 

Jan. 26, 1870 


Nov. 5, 1867 
Jan. 7, 1868 
Feb. 25, 1868 
Dec. 8, 1867 
Nov. 23, 1867 
Jan. 7, 1868 
Feb. 14, 1868 
Jan. 14, 1868 
9, 1865 
Feb. 10, 1866 
Dec. 3, 1867 


Nov. 16, 1875 


Arkansas 


Mar. 13, 1868 


Florida 


May 4, 1868 
Apr. 20, 1868 
Aug. 17, 1867 
Dec. 1, 1868 


Georgia 


Louisiana 


Mississippi 


North Carolina 

South Carolina 


July 2, 1868 
Apr. 14, 1868 
Feb. 22, 1865 


Tennessee 


Texas 


June 25, 1866 


Virginia 


July 6, 1869 



All the States represented in both Houses of the United States Congress, 
May 23, 1872. 



The War. For the history of the army and navy of the 
Confederacy and the fortunes of the war, consult a good text- 
book. Lee's "History of the United States" presents the great 
conflict from the pro-slavery standpoint, and is doubtless the 
most reliable to be found from the Southern view point. See 
Confederate States, Constitution of; Admission of 
States to the Union. 



Confederate States 



153 



Confederate States 




CAPITOL BUILDING OF THE CONFEDERACY. 



Confederate States, Constitution of. The first Con- 
federate Constitution was the so-called "Provisional Consti- 
tution," under which the new Government was hurriedly 
launched. It was 
adopted at a conven- 
tion of delegates from 
the Confederate States, 
held in Montgomery, Al- 
abama, February 9, 1861, 
at which were present 
representatives from 
South Carolina, Georgia, 
Alabama, Florida, Mis- 
sissippi and Louisiana. 
The permanent Consti- 
tution was adopted 
March 11, 1861, and was 
ratified by the States of the Confederacy between that date and 
May 21. 

The full text of the Constitution of the Confederacy is 
given below: 

CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA. 

We, the people of the Confederate States, each State acting in its 
sovereign and independent character, in order to form a permanent federal 
government, establish justice, insure domestic tranquillity, and secure the 
blessings of liberty to ourselves and our posterity — invoking the favor 
and guidance of Almighty God — do ordain and establish this constitution 
for the Confederate States of America. 

ARTICLE I. 
Section 1. 
1. All legislative powers herein delegated shall be vested in a 
Congress of the Confederate States, which shall consist of a Senate and 
House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed of members 

chosen every second year by the people of the several States; and the 

electors in each State shall be citizens of the Confederate States, and 

have the qualifications requisite for electors of the most numerous branch 



Confederate States 154 Confederate States 



of the State legislature; but no person of foreign birth, not a citizen of 
the Confederate States, shall be allowed to vote for any officer, civil or 
political, State or federal. 

2. No person shall be a representative who shall not have attained 
the age of twenty-five years, and be a citizen of the Confederate States, 
and who shall not, when elected, be an inhabitant of that State in which 
he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Confederacy, according 
to their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of all slaves. The 
actual enumeration shall be made within three years after the first meeting 
of the Congress of the Confederate States, and within every subsequent 
term of ten years, in such manner as they shall by law direct. The number 
of representatives shall not exceed one for every 50,000, but each State shall 
have at least one representative; and until such enumeration shall be made, 
the State of South Carolina shall be entitled to choose six; the State of 
Georgia, ten; the State of Alabama, nine; the State of Florida, two; 
the State of Mississippi, seven; the State of Louisiana, six; and the State 
of Texas, six. 

4. When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their speaker and 
other officers; and shall have the sole power of impeachment; except that 
any judicial or other federal officer resident and acting solely within the 
limits of any State, may be impeached by a vote of two-thirds of both 
branches of the legislature thereof. 

Section 3. 

1. The Senate of the Confederate States shall be composed of two 
senators from each State, chosen for six years by the legislature thereof, at 
the regular session next immediately preceding the commencement of the 
term of service; and each senator shall have one vote. 

2. Immediately after they shall be assembled, in consequence of 
the first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated at the 
expiration of the second year; of the second class at the expiration of the 
fourth year; and of the third class at the expiration of the sixth year; 
so that one-third may be chosen every second year; and if vacancies happen 
by resignation or otherwise during the recess of the legislature of any 
State, the executive thereof may make temporary appointments, until 
the next meeting of the legislature, which shall then fill such vacancies. 

3. No person shall be a senator, who shall not have attained the 
age of thirty years, and be a citizen of the Confederate States; and who 



Confederate States 155 Confederate States 

shall not, when elected, be an inhabitant of the State for which he shall 
be chosen. 

4. The Vice-President of the Confederate States shall be president 
of the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president 
■pro tempore, in the absence of the Vice-President, or when he shall ex- 
ercise the office of President of the Confederate States. 

6. The Senate shall have sole power to try all impeachments. 
When sitting for that purpose they shall be on oath or affirmation. When 
the President of the Confederate States is tried, the chief-justice shall 
preside; and no person shall be convicted without the concurrence of two- 
thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust, or profit, under the Confederate States; but the party 
convicted shall, nevertheless, be liable to and subject to indictment, trial, 
judgment, and punishment according to law. 

Section 4. 

1. The times, places, and manner of holding elections for senators 
and representatives shall be prescribed in each State by the legislature 
thereof, subject to the provisions of this constitution; but the Congress 
may, at any time, by law, make or alter such regulations, except as to the 
times and places of choosing senators. 

2- The Congress shall assemble at least once in every year; and 
Buch meeting shall be on the first Monday in December, unless they shall, 
by law, appoint a different day. 

Section 5, 

1. Each House shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute 
a quorum to do business; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of two- 
thirds of the whole number, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such part as may in its judgment 
require secrecy, and the ayes and noes of the members of either House, 
on any question, shall, at the desire of one-fifth of those present, be entered 
on the journal. 

4. Neither House, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 



Confederate States 156 Confederate States 



Section 6. 

1. The senators and representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the treasury 
of the Confederate States. They shall, in all cases except treason, felony, 
and breach of peace, be privileged from arrest during their attendance at 
the session of their respective Houses, and in going to and returning from 
the same; and for any speech or debate in either House, they shall not be 
questioned in any other place. 

2. No senator or representative shall, during the time for which he 
was elected , be appointed to any civil office under the authority of the Con- 
federate States, which shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no person holding any 
office under the Confederate States shall be a member of either House 
during his continuance in office. But Congress may, by law, grant to the 
principal officer in each of the executive departments a seat upon the floor 
of either House with the privilege of discussing any measure appertaining 
to his department. 

Section 7. 

1. All bills for raising the revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with amend- 
ments as on other bills. 

2. Every bill which shall have passed both Houses shall, before it 
becomes a law, be presented to the President of the Confederate States; 
if he approve he shall sign it; but if not, he shall return it with his objections 
to that House in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that House shall agree to pass the bill, it 
shall be sent, together with the objections, to the other House, by which 
it shall likewise be reconsidered, and if approved by two-thirds of that 
House, it shall become a law. But in all such cases, the votes of both 
Houses shall be determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the President within 
ten days (Sundays excepted ) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, unless the Congress, 
by their adjournment, prevent its return; in which case it shall not be a 
law. The President may approve any appropriation and disapprove any 
other appropriation in the same bill. In such case he shall, in signing the 
bill, designate the appropriations disapproved; and shall return a copy of 
such appropriations, with his objections, to the House in which the bill 
shall have originated ; and the same proceedings shall then be had as in case 
of other bills disapproved by the President. 

3. Every order, resolution, or vote, to which the concurrence of both 
Houses may be necessary (except on questions of adjournment), shall be 



Confederate States 157 Confederate States 



presented to the President of the Confederate States; and before the same 
shall take effect shall be approved by him; or, being disapproved by him, 
shall be repassed by two-thirds of both Houses, according to the rules 
and limitations prescribed in case of a bill. 

Section 8. 

The Congress shall have power — 

1. To lay and collect taxes, duties, imposts, and excises, for revenue 
necessary to pay the debts, provide for the common defense, and carry on 
the government of the Confederate States; but no bounties shall be granted 
from the treasury; nor shall any duties or taxes on importations from 
foreign nations be laid to promote or foster any branch of industry; and 
all duties, imposts, and excises shall be uniform throughout the Confederate 
States. 

2. To borrow money on the credit of the Confederate States. 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; but neither this, nor any clause contained 
in the constitution, shall ever be construed to delegate the power to Con- 
gress to appropriate money for any internal improvement intended to 
facilitate commerce; except for the purpose of furnishing lights, beacons, 
and buoys, and other aids to navigation upon the coasts, and the improve- 
ment of harbors, and the removing of obstructions in river navigation; in all 
which cases, such duties shall be laid on the navigation facilitated thereby, 
as may be necessary to pay the costs and expenses thereof. 

4. To establish uniform laws of naturalization, and uniform laws 
on the subject of bankruptcies throughout the Confederate States, but no 
law of Congress shall discharge any debt contracted before the passage 
of the same. 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the Confederate States. 

7. To establish post-offices and post-routes; but the expenses of the 
post-oflice department, after the first day of March, in the year of our Lord 
eighteen hundred and sixty-three, shall be paid out of its own 
revenues. 

8. To promote the progress of science and useful arts, by securing for 
limited times to authors and inventors the exclusive right to their respective 
writings and discoveries. 

9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations. 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and on water. 



Confederate States 158 Confederate States 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for government and regulation of the land 
and naval forces. 

15. To provide for calling forth the militia to execute the laws of the 
Confederate States, suppress insurrections, and repel invasions. 

16. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the service 
of the Confederate States; reserving to the States, respectively, the appoint- 
ment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress. 

17. To exercise exclusive legislation, in all cases whatsoever, over 
such district (not exceeding 10 miles square) as may, by cession of one or 
more States, and the acceptance of Congress, become the seat of the govern- 
ment of the Confederate States; and to exercise a like authority over all 
places purchased by the consent of the legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, dock-yards, and 
other needful buildings, and 

18. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
constitution in the government of the Confederate States, or in any depart- 
ment or officer thereof. 

Section 9. 

1. The importation of negroes of the African race, from any foreign 
country, other than the slave-holding States or Territories of the United 
States of America, is hereby forbidden; and Congress is required to pass 
such laws as shall effectually prevent the same. 

2. Congress shall also have power to prohibit the introduction 
of slaves from any State not a member of, or Territory not belonging to, 
this Confederacy. 

3. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in case of rebellion or invasion the public safety may re- 
quire it. 

4. No bill of attainder, or ex post facto law, or law denying or im- 
pairing the right of property in negro slaves, shall be passed. 

5. No capitation or other direct tax shall be laid unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

6. No tax or duty shall be laid on articles exported from any State, 
except by a vote of two-thirds of both Houses. 

7. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another. 

8. No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and account 



Confederate States 159 Confederate States 



of the receipts and expenditures of all public money shall be published 
from time to time. 

9. Congress shall appropriate no money from the treasury except 
by a vote of two-thirds of both Houses, taken by yeas and nays, unless it 
be asked and estimated for by some one of the heads of departments, and 
submitted to Congress by the President; or for the purpose of paying its 
own expenses and contingencies; or for the payment of claims against the 
Confederate States, the justice of which shall have been judicially declared 
by a tribunal for the investigation of claims against the Government, which 
it is hereby made the duty to Congress to establish. 

10. All bills appropriating money shall specify in federal currency 
the exact amount of each appropriation and the purposes for which it is 
made; and Congress shall grant no extra compensation to any public 
contractor, officer, agent, or servant, after such contract shall haye been 
made or such service rendered. 

11. No title of nobility shall be granted by the Confederate States; 
and no person holding any office of profit or trust under them shall, without 
the consent of Congress, accept of any present, emoluments, office, or title 
of any kind whatever, from any king, prince, or foreign state. 

12. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the freedom 
of speech or of the press; or the right of the people peaceably to assemble 
and petition the Government for a redress of grievances 

13. A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be infringed. 

14. No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner; nor in time of war, but in a manner prescribed 
by law. 

15. The right of the people to be secure in their persons, houses, 
papers, and against unreasonable searches and seizures, shall not be 
violated; and no warrant shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be searched, 
and the persons or things to be seized. 

16. No person shall be held to answer for a capital or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the militia, when in actual 
service, in time of war, or public danger; nor shall any person be subject 
for the same offence to be twice put in jeopardy of life or limb; nor be 
compelled in any criminal case to be a witness against himself; nor be 
deprived of life, liberty, or property, without due process of law; nor 
shall any private property be taken for public use without just com- 
pensation. 

17. In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the State and district 



Confederate States 160 Confederate States 

wherein the crime shall have been committed, which district shall have been 
previously ascertained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in his favor; and to have 
the assistance of counsel for his defence. 

18. In suits of common law, where the value in controversy shall 
exceed $20, the right of trial by jury shall be preserved; and no fact so 
tried by a jury shall be otherwise re-examined in any court of the Con- 
federacy, than according to the rules of the common law. 

19. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel or unusual punishment inflicted. 

20. Every law, or resolution having the force of law, shall relate to 
but one subject, and that shall be expressed in the title. 

Section 10. 

1. No State shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal; coin money; make anything but 
gold and silver coin a tender in payment of debts; pass any bill of at- 
tainder, or ex 'post facto law, or law impairing the obligation of contracts; 
or grant any title of nobility. 

2. No State shall, without the consent of Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws; and the net produce of all duties and im- 
posts, laid by any State on imports or exports, shall be for the use of the 
treasury of the Confederate States; and all such laws shall be subject to 
the revision and control of Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, except on sea-going vessels, for the improvement of its rivers 
and harbors navigated by the said vessels; but such duties shall not con- 
flict with any treaties of the Confederate States with foriegn nations; 
and any surplus of revenue, thus derived, shall, after making such improve- 
ment, be paid into the common treasury; nor shall any State keep troops or 
ships-of-war in time of peace, enter into any agreement or compact with 
another State, or with a foreign power, or engage in war, unless actually 
invaded, or in such imminent danger as will not admit of delay. But when 
any river divides or flows through two or more States, they may enter into 
compacts with each other to improve the navigation thereof. 

ARTICLE II. 
Section 1. 

1. The Executive power shall be vested in a President of the Con- 
federate States of America. He and the Vice-President shall hold their 
offices for the term of six years; but the President shall not be re-eligible. 
The President and Vice-President shall be elected as follows : 

2. ' Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors equal to the whole number of senators 



Confederate States 161 Confederate States 



and representatives to which the State may be entitled in Congress; 
but no Senator or Representative, or person holding an office of trust 
or profit under the Confederate States, shall be appointed an elector. 

3. The electors shall meet in their respective States and vote by 
ballot for President and Vice-President, one of whom, at least, shall not be 
an inhabitant of the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots the person 
voted for as Vice-President, and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice-President, and 
of the number of votes for each; which list they shall sign, and certify, and 
transmit, sealed, to the Government of the Confederate States, directed to 
the president of the Senate. The president of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open all the certificates, 
and the votes shall then be counted ; the person having the greatest number 
of votes for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person shall have such 
majority, then, from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. But, in choosing 
the President, the votes shall be taken by States, the representatives from 
each State having one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the Vice- 
President shall act as President, as in case of the death or other constitu- 
tional disability of the President. 

4. The person having the greatest number of votes as Vice-President 
shall be the Vice-President, if such a number be a majority of the whole 
number of electors appointed ; and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall choose the Vice- 
President ; a quorum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number shall be necessary 
for a choice. 

5. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the Confederate States. 

6. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be the 
same throughout the Confederate States. 

7. No person except a natural born citizen of the Confederate 
States, or a citizen thereof at the time of the adoption of this constitution, 
or a citizen thereof born in the United States prior to the 20th December, 
1860, shall be eligible to the office of President; neither shall any person 
be eligible to that office who shall not have attained the age of thirty-five 



Confederate States 162 Confederate States 



years, and been fourteen years a resident within the hmits of the Confeder- 
ate States, as they may exist at the time of his election. 

8. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President; and the Congress may, 
by law, provide for the case of removal, death, resignation, or inability 
both of the President and the Vice-President, declaring what officer shall 
then act accordingly until the disability be removed or a President shall 
be elected. 

9. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected ; and he shall not receive within 
that period any other emolument from the Confederate States, or any of 
them. 

10. Before he enters on the execution of the duties of his office, he 
shall take the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the Confederate States, and will, to the best of my 
ability, 'preserve, protect, and defend the constitution thereof." 

Section 2. 

1. The President shall be commander-in-chief of the army and navy 
of the Confederate States, and of the militia of the several States, when 
called into the actual service of the Confederate States; he may require 
the opinion, in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves and pardons for offences 
against the Confederate States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present con- 
cur; and he shall nominate, and, by and with the advice and consent of 
the Senate, shall appoint ambassadors, other public ministers, and consuls, 
judges of the Supreme Court, and all other officers of the Confederate States, 
whose appointments are not herein otherwise provided for, and which shall 
be established by law; but the Congress may by law vest the appointment 
of such inferior officers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

3. The principal officer in each of the executive departments, and all 
persons connected with the diplomatic service, may be removed from office 
at the pleasure of the President. All other civil officers of the Executive 
department may be removed at any time by the President, or other ap- 
pointing power, when their services are unnecessary, or for dishonesty, 
incapacity, inefficiency, misconduct, or neglect of duty; and when so re- 
moved, the removal shall be reported to the Senate, together with the 
reasons therefor. 



Confederate States 163 Confederate States 

4. The President shall have power to fill all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of the next session; but no person rejected by the 
Senate shall be reappointed to the same office during their ensuing recess. 

Section 3. 
1. The President shall, from time to time, give to the Congress 
information of the state of the Confederacy, and recommend to their 
consideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both Houses, or either of 
them; and, in case of disagreement between them, with respect to the 
time of adjournment, he may adjourn them to such time as he may think 
proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall commission 
all the officers of the Confederate States. 

Section 4. 
1. The President and Vice-President, and all civil officers of the 
Confederate States, shall he removed from office on impeachment for, or 
conviction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. 
1. The judicial power of the Confederate States shall be vested in one 
Superior Court, and in such inferior courts as the Congress may from time 
to time .ordain and establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation, which shall not be dimin- 
ished during continuance in office. 

Section 2. 

1. The judicial power shall extend to all cases arising under the 
constitution, the laws of the Confederate States, or treaties made or 
which shall be made under their authority; to all cases affecting ambas- 
sadors, other public ministers, and consuls; to all cases of admiralty or 
maritime jurisdiction; to controversies to which the Confederate States 
shall be a party; to controversies between two or more States; between 
a State and citizens of another State, where the State is plaintiff; between 
citizens claiming lands under grants of different States, and between a 
State or the citizens thereof, and foreign states, citizens, or subjects; 
but no State shall be sued by a citizen or subject of any foreign state. 

2. In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the Congress 
shall make. 



Confederate States 164 Confederate States 

3. The trial of all cases, except in cases of impeachment, shall be 
by jury, and such trial shall be held in the State where the said crimes 
shall have "been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law have 
directed. 

Section 3. 

1. Treason against the Confederate States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each State to the public 

acts, records, and judicial proceedings of every other State. And the 

Congress may, by general laws, prescribe the manner in which such acts, 

records, and proceedings shall be proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all the privileges 
and immunities of citizens of the several States, and shall have the right 
of transit and sojourn in any State of this Confederacy, with their slaves 
and other property; and the right of property in said slaves shall not be 
thereby impaired. 

2. A person charged in any State with treason, felony, or other crime 
against the laws , such State, who shall flee from justice, and be found in 
another State, shall, on demand of the Executive authority of the State 
from which he fled, be delivered up to be removed to the State having 
jurisdiction of the crime. 

3. No slave or other person having been held to service or labor in 
any State or Territory of the Confederate States, under the laws thereof, 
escaping or unlawfully carried into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor; but 
shall be delivered up on claim of the party to whom such slave belongs, or 
to whom such service or labor may be due. 

Section 3. 
1. Other States may be admitted into this Confederacy by a vote 
of two-thirds of the whole House of Representatives, and two-thirds of the 
Senate, the Senate voting by States; but no new State shall be formed 
or erected within the jurisdiction of any other State; nor any State be 
formed by the junction of two or more States, or parts of States, without 
the consent of the legislatures of the States concerned as well as of the 
Congress. 



Confederate States 165 Confederate States 



2. The Congress shall have power to dispose of and make all needful 
rules and regulations concerning the property of the Confederate States, in- 
cluding the lands thereof. 

3. The Confederate States may acquire new territory; and Congress 
shall have power to legislate and provide governments for the inhabitants of 
all territory belonging to the Confederate States, lying without the limits 
of the several States, and may permit them, at such times, and in such man- 
ner as it may by law provide, to form States to be admitted into the 
Confederacy. In all such territory, the institution of negro slavery, as it 
new exists in the Confederate States, shall be recognized and protected by 
Congress and by the territorial government; and the inhabitants of the 
several Confederate States and Territories shall have the right to take to 
such territory any slaves lawfully held by them in any of the States and 
Territories of the Confederate States. 

4. The Confederate States shall guarantee to every State that now 
is or hereafter may become a member of this Confederacy, a republican 
form of government, and shall protect each of them against invasion; and 
on application of the legislature (or of the Executive when the legislature is 
not in session), against domestic violence. 

ARTICLE V. 
Section 1. 
1. Upon the demand of any three States, legally assembled in their 
several conventions, the Congress shall summon a convention of all the 
States, to take into consideration such amendments to the constitution 
as the said States shall concur in suggesting at the time when the said 
demand is made ; and should any of the proposed amendments to the con- 
stitution be agreed on by the said convention — voting by States — and the 
same be ratified by the legislatures of two-thirds of the several States, or 
by conventions in two-thirds thereof — as the one or the other mode of 
ratification may be proposed by the general convention— they shall thence- 
forward form a part of this constitution. But no State shall, without its 
consent, be deprived of its equal representation in the Senate. 

ARTICLE VI. 

Section L 

1 . The Government established by this constitution is the successor 
of the provisional Government of the Confederate States of America, and 
all the laws passed by the latter shall continue in force until the same shall 
be repealed or modified; and all officers appointed by the same shall re- 
main in office until their successors are appointed and qualified, or the 
offices abolished. 

2. All debts contracted and engagements entered into before the 
adoption of this constitution shall be as valid against the Confederate States 
under this constitution as under the provisional government. 



Conference Committee 166 Conference Committee 



3. This constitution, and the laws of the Confederate States made in 
pursuance thereof, and all treaties made, or which shall be made, under the 
authority of the Confederate States, shall be the supreme law of the land; 
and the judges in every State shall be bound thereby; anything in the Con- 
stitution or laws of any State to the contrary notwithstanding 

4. The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and judicial 
officers, both of the Confederate States and of the several States, shall be 
bound, by oath or affirmation, to support this constitution; but no religi- 
ous test shall ever be required as a qualification to any office of public 
trust under the Confederate States. 

5. The enumeration, in the constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people of the several 
States. 

6. The powers not delegated to the Confederate States by the 
constitution, nor prohibited by it to the States, are reserved to the States, 
respectively, or to the people thereof. 

ARTICLE VII. 
Section 1. 

1 . The ratification of the conventions of five States shall be sufficient 
for the establishment of this constitution between the States so ratify- 
ing the same. 

2. When five States shall have ratified this constitution in the 
manner before specified, the Congress, under the provisional constitution, 
shall prescribe the time for holding the election of President and Vice- 
President, and for the meeting of the electoral college, and for counting 
the votes and inaugurating the President. They shall also prescribe the 
time for holding the first election of members of Congress under this con- 
stitution, and the time for assembling the same. Until the assembling of 
such Congress, the Congress under the provisional constitution shall 
continue to exercise the legislative powers granted them; not extending 
beyond the time limited by the constitution of the provisional government. 

Conference Committee. In Congress, when a bill has been 
passed by either House, it is sent to the other House to be 
voted upon. In the second body it may meet with much oppo- 
sition and receive various amendments before its passage in 
that House. If any amendments are attached to a bill, the bill 
must be returned to the House in which it originated, that the 
amendment may be concurred in. No bill can become a law 
until it is approved in exactly the same terms by both the 
Senate and the House of Representatives. When any bill has 
thus been returned to the House in which it originated, in order 



Confirmation by the Senate 167 Congress 

that that House may concur in amendments, it frequently hap- 
pens that concurrence is impossible, because the proposed 
amendments may be distasteful to many members. If the bill 
is not of vital importance, it may be pigeonholed in committee 
and not heard of again. However, if its passage is necessary 
because it may carry appropriations, or because there is a 
strong demand for the enactment of legislation of that nature, 
then each House appoints a special committee to take up the 
bill and attempt to harmonize its opposing interests. Such 
a committee is called a conference committee, and its decision 
relative to the main bill and amendments is almost always 
accepted by both Houses and passed in the shape proposed. 
Confirmation by the Senate. The framers of the Constitu- 
tion intended that the three great Departments of the Govern- 
ment should exercise wholesome restraint upon each other. 
One provision looking to this end is that while the President 
is empowered to appoint men to certain important official posi- 
tions the Senate shall concur in such appointments. Any appoint- 
ment not deemed by the Senate to be for the best interests 
of the Government may be rejected, in which case another 
person must be named by the President. During recesses of 
Congress, which may extend over a period varying from four 
to seven months, any appointment of the President is valid 
from the day it is made until the end of the next session of the 
Senate, without Senatorial approval, the intent of the law being 
that during the next session the President will reappoint by 
sending the official's name to the Senate for confirmation. 
The wisdom of this check upon Executive authority was thus 
stated by Alexander Hamilton, in the Federalist: 

The blame of a bad nomination would fall upon the President singly 
and absolutely. The censure of rejecting a good one would lie entirely 
at the door of the Senate, aggravated by the consideration of their having 
counteracted the good intentions of the Executive. If an ill appoint- 
ment should be made, the Executive for nominating, and the Senate for 
approving, would participate, though in different degrees, in the oppro- 
brium and disgrace. 

Congress. The law-making department of our National 
Government, consisting of two co-ordinate branches, the 



Congress 168 Congress 

Senate and the House of Representatives, is officially known as 
the Congress of the United States of America. The duties of 
this body are purely legislative, with one exception, although 
the Constitution adds to the Senate's legislative functions the 
duty of passing upon Presidential appointments and treaty- 
making with foreign powers. Both branches of Congress have 
duties, in cases of impeachment [q. v.], which are not legislative 
in nature. 

Membership. The number of members in each branch is 
subject to periodical or occasional change. The Constitution 
provides that the Senate shall consist of two members from 
each State, chosen by the Legislature thereof; the Senate's 
membership, therefore, is ninety-two, when all the forty-six 
States (1908) are fully represented. The numerical strength 
of the House of Representatives is determined every ten years 
by the House itself. The Constitution stated the number 
which should comprise the House until the First Census was 
taken; the first legislation on the subject was in 1790, when it 
was declared that there should be 120 Representatives; in. 
1792 a new bill was passed which reduced the number to 105. 
The National census was first taken in 1790, and an enumeration 
has been made every ten years since that time. Immediately 
after the publication of the census returns, the House decides 
upon the number of members it shall contain for the ensuing 
ten years; this total is divided into the whole population of 
the country, to determine the number of people who shall be 
entitled to one Representative [See Apportionment]. 

The table below gives the figures for each decade: 





Number of 


Ratio of 


Period 


Members 


Population 


1789-1793 


65 




1793-1803 


105 


33,000 


1803-1813 


141 


33,000 


1813-1823 


181 


35,000 


1823-1833 


212 


40,000 


1833-1843 


240 


47,700 


1843-1853 


223 


70,680 


1853-1863 


234 


93,423 


1863-1873 


241 


127,381 



Congress 169 Congress 





Number of 


Ratio of 


Period 


Members 


Population 


1873-1883 


292 


131,425 


1883-1893 


325 


151,911 


1893-1903 


356 


173,901 


1903-1913 


386 


194,182 


1913-1923 







By admission of new States during a decade, the number 
is increased, for each State is "entitled to at least one Repre- 
sentative." The actual number of Representatives has there- 
fore usually been greater than that given above, owing to the 
admission of new States. Thus, the Fifty-second Congress 
(1891-1893) had 332 instead of 325; Washington, Montana, 
North Dakota, and South Dakota, having been admitted in 
1889, and Idaho and Wyoming in 1890. When Utah was 
admitted in 1896, her Representative made the number 357 
instead of 356. Oklahoma added five to the decreed 386. 

Time of Meeting. Congress meets once each year, on the 
first Monday in December. The two Houses are privileged to 
choose a different day on which sessions shall commence, but 
they never have done so. 

Length of a Congress. The life of each Congress extends 
over a period of two years — the single term of service of a 
Representative. There are therefore two regular sessions of 
each Congress, called by common consent the long session 
and the short session. The long session is the first, beginning 
on the first Monday in December and extending usually into 
the early weeks of the following summer. The short session 
begins on the first Monday of the following December and 
extends until noon on the fourth day of the following March, 
when it expires by limitation, as on that day the terms of 
all the Representatives end. The new Representatives, chosen 
for the following Congress, begin to serve on the fourth of 
March, and may be called at once into the active work of a 
special session, although they do not usually take the oath of 
office until the regular session, in December. 

Salaries. The salaries of members of Congress have 
varied from six dollars per day to $7,500 per year and mileage. 



Congress 170 Congress 

The compensation for different periods is stated in the table 
below : 

From 1789 to 1815, S6.00 per day. 

From 1815 to 1817, $1,500 per year. 

From 1817 to 1855, $8.00 per day. 

From 1855 to 1865, $3,000 per year. 

From 1865 to 1871, $5,000 per year. 

From 1871 to 1874, $7,500 per year. 

From 1874 to 1907, $5,000 per year. 

From 1907 to , $7,500 per year. 

Except for one }^ear, 1795, when Senators received $7 per 
day, the pay of members of the two Houses has been the same. 
The Speaker of the House of Representatives now receives 
$12,000 per year. The President pro tempore of the Senate 
also receives $12,000, because he must hold himself in readiness 
to preside over the sessions of the Senate, in the event of the 
death, removal or temporary absence of the Vice-President, 
whose salary is $12,000. 

The change in 1815 from $6 a day to $1,500 a year was nc: 
acceptable to the people, and as a result many members whD 
voted for the increase were not elected to the next Congress. 
The change in 1871 by which fifty per cent was added to a Con- 
gressman's salary also met with great disfavor. Many more 
than half of those who voted for the increased compensation 
were not elected again. 

Each Representative, since 1865, has been allowed a mileage 
of twenty cents a mile for travel to Washington at the beginning 
of each session, and from Washington to his home at the close 
of the session, by the most direct route. Each member is also 
allowed $125 each session for stationery for his official use. 

The compensation of members of Congress is fixed by vote 
by the members themselves, subject, of course, to Executive 
veto. No Congress can raise the salaries of its own members; 
any change in compensation does not take effect until the 
next Congress convenes. See Checks Upon Government; 
Executive Department; Judicial Department; Organ- 
ization OP Congress; Speaker op the House; Vice-Presi- 
dent; Senate; House op Representatives. 



Congress 171 Congressman=at=Large 

Congress, Committees of. See Committees of Congress. 

Congress, Organization of. See Organization of Con- 
,gress. 

Congresses, Provincial. See Provincial Congresses. 

Congressional Record. The Constitution provides that 
"each House of Congress shall keep a journal of its proceedings 
and from time to time publish the same, excepting such parts 
as may in their judgment require secrecy." For the first five 
years under the Constitution, the Senate's entire deliberations 
were behind closed doors, but the sessions of the House were 
open to the public. Beginning with the second session of the 
Third Congress, the Senate abandoned its exclusiveness, except 
the so-called "executive sessions," and the reports of both 
branches were published together. For many years the official 
publication of proceedings was called the Congressional Globe, 
but later the name was changed to Congressional Record. 
It is published during the night following each day's meeting 
of Congress, and it contains an accurate account of the pro- 
ceedings of each House for the day before, the speeches being 
reported verbatim. A printed copy is laid on the desk of each 
member every morning, and all important Government officials 
are also provided with copies. It is mailed to public libraries, 
newspapers, etc., on request, and will be sent to any private 
citizen at a moderate subscription rate. 

Congressional Representation. See Representation in 
Congress. 

Congressman, a name properly applied to a member of 
Congress, either a Senator or a Representative. Custom, 
however, has inappropriately narrowed the term until now it 
refers usually to a Representative only; a Senator is seldom 
referred to as a Congressman. The injustice of such a limita- 
tion is obvious. This popular application of the word is proba- 
bly due to the fact that the Representative is elected from a 
Congressional district, and is therefore the Congress-man from 
said district. See Senator; Representative; Congress. 

Congressman=at=Large, a member of the United States 
House of Representatives, elected by the ballots of all the 



Connecticut 



172 



Connecticut 



voters of his State, contrary to ordinary custom, which decrees 
election from Congressional districts. Seldom is a State repre- 
sented by a Congressman-at-large, and then only under the 
following condition: 

Every ten years Congress determines the number of Repre- 
sentatives for the ensuing decade. A State may have had 
twelve of these Representatives for the preceding ten years, in 
which event the counties of the State were divided into twelve 
Representative districts. Each district sent one member to the 
House of Representatives. Under a new apportionment, the 
same State may be entitled to thirteen Representatives. If a 
Congressional election occurs before the Legislature can change 
the districts from twevle to thirteen^ by reapportionment, each 
of the twelve old districts may elect its Representative, as 
before, and the thirteenth may be chosen from the State at 
large. This plan is entirely feasible; each Representative, no 
matter where his district is located, really represents the whole 
State; the only reason that the district plan was ever devised 
was that each part of a State could thus be certain of repre- 
sentation in the State delegation in the House. 

Connecticut was one of the original Thirteen Colonies; 
it declared itself a free and independent State in October, 1776. 
At the close of the Revolutionary War, the State claimed 
jurisdiction over part of the great ter- 
ritory north and west of the Ohio River, 
by virtue of its old colonial charter. 
This claim was finally relinquished, on 
condition of receiving the ownerehip 
of a large tract of land in what is now 
northeastern Ohio, called the Western 
Reserve. Before the admission of Ohio 
in 1803, all claims of Connecticut west 
of its present territorial limits were 
abandoned. 

Government. The present Constitution of Connecticut 
was adopted in 1818. It is somewhat difficult to secure 
amendments to that document, because they must be proposed 




STATE SEAL OF CONNECTICUT. 



Conscience Whigs 173 Conscription 

and agreed to by two successive Legislatures, by a two-thirds' 
vote of each House, and must then be presented to the people 
of the State for approval by a majority of the voters. The 
Executive power is vested in a Governor, Lieutenant-Governor, 
Secretary of State, and Comptroller, all elected every second 
year. The Legislature of the State is called the General 
Assembly, and consists of a Senate of not less than twenty-four 
and not more than thirty-six members, and a House of Repre- 
sentatives consisting of one or two members from each town. 
A town of fewer than 5,000 inhabitants returns one member; of 
more than 5,000, two members. All members of the General 
Assembly are chosen every two years. The remuneration of 
the Legislators is $300 for each regular session of the Assembly, 
and mileage once each way; for special sessions mileage only 
is allowed. The Judicial Department consists of a Supreme 
Court of Errors, which reviews the decisions of the next lower 
court, the Supreme Court. There are also Justices of the 
Peace. 

Conscience Whigs. The Compromise of 1850 was accepted 
by many members of the Whig party as the easiest way of 
settling permanently the slavery question. There was a strong 
minority in the party which opposed this view, holding that it 
would not be settled until the system was abolished, denying 
that the compromise offered a safe method of disposing of the 
question. These dissenters were called Conscience Whigs, and 
they retaliated by naming the other wing Cotton Whigs. See 
Political Parties in the United States. 

Conscription is a compulsory enrollment of citizens for 
military duty in times of great public danger. Justification 
for so stern a measure is based upon the general principle that 
a man who enjoys the protection of his Government and who 
may command its services in his behalf when his rights are 
abridged should be compelled to defend that Government 
when its existence is imperiled. Congress is given power, in 
Section 8 of Article I of the Constitution, to raise armies; the 
courts have held that this power carries with it the right of 
conscription, without which it might be impossible to secure 



Conservative 174 Constitution 

men in sufficient numbers. The first effort at conscription in 
the United States occurred during the War of 1812; the bill 
was called the "Draft of 1814," but it failed to pass both 
Houses of Congress. Numerous drafts were authorized during 
the Civil War, some of which led to rioting in the large cities. 
The Confederate authorities passed very stringent conscript 
laws and rigidly enforced them. 

Conservative, an English political party, formerly the Tory 
party of the era of the American Revolution. It is the 
opponent of the Liberal, or radical party, and its platforms 
oppose all reform measures or changes either in Church or 
State, for which the time does not seem ripe. Gladstone was 
the greatest leader of the Conservative party. 

Constable, the title applied to the chief constabulary 
officer or peace officer of a township; he is elected by the voters 
annually or biennially. Usually there is a Constitutional 
provision for four constables in each township of a State. They 
are charged with the maintenance of the public peace, and in 
the prosecution of their duties they arrest offenders, serve 
warrants, execute writs, etc. The name comes to us from 
medieval times, where the constable was the keeper or governor 
of a castle under the sovereign. Later, an officer bearing 
this title was the first military adviser of the king, and, in the 
latter's absence, commander-in-chief of the army. In England, 
at a date nearer the modern era, the constables had oversight 
of the king's peace in their several districts. 

Constituent, one of a body of citizens whose interests in a 
certain direction are common and who, acting in unison, 
empower a representative to legislate for them. The people 
for whom the representative acts are called by him his con- 
stituency. 

Constitution, Amendments to the. See Amendments to 
THE Constitution; Constitution of the United States. 

Constitution, Compromises of the. See Compromises of 
the Constitution. 

Constitution, Construction of the. In the early days 
of the United States Government there was much debate as to 



Constitutional Law 175 ConstitutionaI=Union Party 

the meaning of many sections of the Constitution and the 
intent of the framers of that document. A very large propor- 
tion of the people preferred to accept the document according 
to the exact statements of its clauses, refusing to admit the 
wisdom of applying any other possible meaning to any part of 
it. These people were called strict constructionists. It is 
quite evident from reading the Constitution that the constrijc- 
tion of general provisions when applied to particular cases 
opens up possibility for wide disagreement as to the powers 
granted or acts permitted. When mere words are not sufficient 
to develop absolute meaning, recourse is had among lawyers 
to "construction of the law," by which the intention of law- 
makers and the circumstances surrounding the case are taken 
into consideration. That body of the people who believe that 
the Constitution should be considered in this manner were 
called loose constructionists. Since the Civil War there has 
been practically no debate as to the construction which should 
be applied to Constitutional questions. 

Constitutional Law, that branch of the law which relates 
to the rules and principles concerning the political structure 
of society. It deals wholly with problems involving man's 
relation to the complexities of his Government, leaving his 
relations to his fellow-men to the rules of action described in 
the civil and criminal laws. 

Constitutional=Union Party, a political organization which 
took part in the election of 1860. It was formed from the 
remnants of the old Whig [q. v.] party, most of whose adherents 
had joined the new Republican [q. v.] party, and the Southern 
Know-Nothings [q. v.]. These two factions were drawn to- 
gether by their common alarm at the rapid growth of section- 
alism, and it was their hope to avert the war which was clearly 
approaching. The Presidential candidates of this new party 
were John Bell, of Tennessee, for the head of the ticket, and 
Edward Everett, of Massachusetts, for Vice-President. No 
declaration of principles was announced except the motto, 
"The Constitution of the Country, the Union of the States, and 
the Enforcement of the Laws." The party received thirty-nine 



Constitution of the United States 176 Constitution of the United States 

electoral votes; with the opening of the war it disbanded. 
See Political Parties in the United States. 

Constitution of the United States. The Articles of Con- 
federation [q. v.] had not been in operation six months when 
it was evident to every impartial observer that they were in 
many respects defective as the fundamental law of the States. 
To remedy them a convention of delegates of all the States 
was frequently suggested. Such a demand was even made by 
various State Legislatures between 1781 and 1786. In the 
latter year a resolution of the Legislature of Virginia brought 
together a convention representing a number of States for 
the purpose of considering ways and means of advancing the 
commercial interests of the nation. This meeting was called 
the Annapolis Convention [q. v.]. Five States sent delegates 
and they reported unanimously that existing faults could not 
be remedied by any means at hand, as the trouble could be 
traced directly to the insufficient Articles of Confederation. It 
was recommended that a larger convention of all the States 
meet without delay to consider the Articles and amend them. 
This report attracted wide attention and when it reached the 
members of Congress it was approved. On February 21, 1787, 
Congress advised the States to send delegates to a National 
convention in Philadelphia, and May 14th was named as the 
date of meeting. 

The number of delegates chosen to this convention was 
sixty-five; ten did not attend. The Convention remained in 
session until September 17, when its work was completed. It 
was found impossible to make satisfactory amendment or 
revision of the Articles of Confederation, and within the short 
space of four months a new Constitution was written. It is 
doubtless true that no other body of men in all the history of 
the world, regardless of the time employed, ever devised a 
system of government so admirable in its plan and so perfect 
in its operation as came from the hands of these fifty-five 
American patriots. That there was no unanimity of opinion 
in the convention is apparent from the fact that sixteen 
members refused to sign the completed Constitution or left the 



Constitution of the United States 177 Constitution of the United States 

convention before it was ready to be signed. The signatures 
of only thirty-nine of the members were appended to it. In 
Article VII it was provided that the Constitution should be- 
come effective as soon as it was ratified by nine States. Eventu- 
ally, all the thirteen States gave it legality, in the following 
order, by vote of their Legislatures: 

Delaware, Dec. 7, 1787; unanimously. 

Pennsylvania, Dec 12, 1787; vote, 46 to 23. 

New Jersey, Dec. 18, 1787; unanimously. 

Georgia, Jan. 2,-1788; unanimously. 

Connecticut, Jan. 9, 1788; vote, 128 to 40. 

Massachusetts, Feb. 6, 1788; vote, 187 to 168. 

Maryland, April 28, 1788; vote, 63 to 12. 

South Carolina, May 23, 1788; vote, 149 to 73. 

New Hampshire, June 21, 1788; vote, 57 to 46. ~> 

Virginia, June 25, 1788; vote, 89 to 79. 

New York, July 26, 1788; vote, 30 to 28. 

North Carolina, Nov. 21, 1789; vote, 193 to 75. 

Rhode Island, May 29, 1790; vote, 34 to 32. 

Every student of civil government should read with 
great interest the speech of Delegate Benjamin Franklin, on 
September 17, immediately preceding the formal signing of 
the document by the members present. It was reported by 
James Madison, in his "Journal," as follows: 

"Mr. President: I confess that there are several parts of this Consti- 
tution which I do not at present approve, but I am not sure I shall never 
approve them. For, having lived long, I have experienced many instances 
of being obliged by better information, or fuller consideration, to change 
opinions even on important subjects which I once thought right, but found 
to be otherwise. It is therefore that, the older I grow, the more apt I am 
to doubt my own judgment, and to pay more respect to the judgment of 
others. Most men, indeed, as well as most sects in religion, think them- 
selves in possession of all truth, and that wherever others differ from them 
it is so far error. Steele, a Protestant, in a dedication tells the Pope that 
the only difference between our churches, in their opinions of the certainty 
of their doctrines, is, 'the Church of Rome is infallible, and the Church of 
England is never in the wrong.' But though many private persons 
think almost as highly of their own infallibility as of that of their sect, 
few express it so naturally as a certain French lady who, in a dispute with 
her sister, said, 'I don't know how it happens, sister, but I meet with no- 
body but myself that is always in the right — il n'y a que moi a toujour s 
raison.' In these sentiments, sir, I agree to this Constitution, with all its 



Constitution of the United States 178 Constitution of the United States 



faults, if they are such, because I think a General Government necessary 
for us, and there is no form of government but what may be a blessing to the 
people if well administered: and believe further, that this is likely to be 
well administered for a course of years, and can only end in despotism, 
as other forms have done before it, when the people shall become so cor- 
rupted as to need despotic government, being incapable of any other. I 
doubt, too, whether any other Convention we can obtain may be able to 
make a better Constitution. For when you assemble a number of men to 
have the advantage of their joint wisdom, you inevitably assemble with 
those men all their prejudices, their passions, their errors of opinion, 
their local interests, and their selfish views. From such an assembly can 
a perfect production be expected? It, therefore, astonishes me, sir, to 
find this system approaching so near to perfection as it does: and I think 
it will astonish our enemies, who are waiting with confidence to hear that 
our councils are confounded, like those of the builders of Babel, and that 
our States are on the point of separation, only to meet hereafter for the 
purpose of cutting one another's throats. Thus I consent, sir, to this 
Constitution because I expect no better, and because I am not sure that 
it is not the best. The opinions I have had of its errors I sacrifice to the 
public good. I have never whispered a syllable of them abroad. Within 
these walls they were born and here they shall die. If every one of us, in 
returning to our constituents, were to report the objections he has had to it, 
and endeavor to gain partisans in support of them, we might prevent its 
being generally received, and thereby lose all the salutary effects and 
great advantages resulting naturally in our favor among foreign nations 
as well as among ourselves, from our real or apparent unanimity. Much 
of the strength and efficiency of any government, in procuring and securing 
happiness to the people, depends on opinion — on the general opinion of the 
goodness of the government as well as of the wisdom and integrity of its 
governors. I hope, therefore, that for our own sakes, as a part of the 
people, and for the sake of posterity, we shall act heartily and unanimously 
in recommending this Constitution (if approved by Congress and con- 
firmed by the Conventions) wherever our influence may extend, and turn 
our future thovights and endeavors to the means of having it well admin- 
istered. On the whole, sir, I cannot help expressing a wish that every 
member of the Convention who may still have objections to it would, with 
me, on this occasion doubt a little of his own infallibility, and, to make 
manifest our unanimity, put his name to this instrument." 

The full text of the Constitution of the United States, as 
adopted by the Convention and ratified by the thirteen States, 
is given in the following pages. The clause numbers are absent 
from this printed copy. They are sometimes added for con- 
venience in reference, but are not a part of the document; 



Constitution of the United States 179 Constitution of the United States 

only the Articles and Sections are numbered in the Con- 
stitution: 

We, the people of the United States, in order to form a more perfect 
union, estabhsh justice, insure domestic tranquillity provide for the com- 
mon defense, promote the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish this Constitution 
for the United States of America. 

ARTICLE I. 
Section I. 
All legislative powers herein granted shall be vested in a Congress of 
the United States, which shall consist of a Senate and House of Repre- 
sentatives. 

Section II. 

The House of Representatives shall be composed of members chosen 
every second year by the people of the several States, and the electors in 
each State shall have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State 
in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the first meeting 
of the Congress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The number of 
Representatives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative; and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Plantations one, 
Connecticut five, New York six. New Jersey four, Pennsylvania eight, 
Delaware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

When vacancies happen in the representation from any State, the 
Executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their Speaker and other 
officers, and shall have the sole power of impeachment. 



Constitution of the United States 180 Constitution of tlie United States 



Section III. 

The Senate of the United States shall be composed of two Senators 
from each State, chosen by the Legislature thereof, for six years; and each 
Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the Senators of the first class shall be vacated at the expiration 
of the second year; of the second class, at the expiration of the fourth year, 
and of the third class, at the expiration of the sixth year, so that one-third 
may be chosen every second year; and if vacancies happen by resignation 
or otherwise during the recess of the Legislature of any State, the Execu- 
tive thereof may make temporary appointments until the next meeting of 
the Legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State for which he shall 
be chosen. 

The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a President 
•pro tempore in the absence of the Vice-President, or when he shall exercise 
the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. When 
the President of the United States is tried, the Chief Justice shall preside: 
and no person shall be convicted without the concurrence of two-thirds 
of the members present. 

Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office 
of honor, trust, or profit under the United States; but the party convicted 
shall, nevertheless, be liable and subject to indictment, trial, judgment, 
and punishment, according to law. 

Section IV. 

The times, places, and manner of holding elections for Senators and 
Representatives shall be prescribed in each State by the Legislature thereof; 
but the Congress may at any time by law make or alter such regulations, 
except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by law 
appoint a different day. 

Section V. 

Each house shall be the judge of the elections, returns, and quali- 
fications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to 



Constitution of the United States 181 Constitution of the United States 



day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two-thirds 
expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment 
require secrecy, and the yeas and hays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Section VI. 

The Senators and Representatives shall receive a compensation for 
their services, to be ascertained by law and paid out of the Treasury of 
the United States. They shall, in all cases except treason, felony, and 
breach of the peace, be privileged from arrest during their attendance at 
the session of their respective houses, and in going to and returning from 
the same; and for any speech or debate in either house they shall not be 
questioned in any other place. 

No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments whereof 
shall have been increased during such time; and no person holding any 
office under the United States shall be a member of either house during 
his continuance in office. 

Section VII. 

All bills for raising revenue shall originate in the House of Representa- 
tives; but the Senate may propose or concur with amendments as on 
other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate shall, before it become a law, be presented to the President 
of the United States; if he approve, he shall sign it, but if not, he shall re- 
turn it, with his objections, to that house in which it shall have originated, 
who shall enter the objections at large on their journal and proceed to 
reconsider it. If after such reconsideration two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of that house it shall become a law. But in all such 
cases the votes of both houses shall be determined by yeas and nays, and 
the names of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it shall have been 



Constitution of the United States 182 Constitution of the United States 



presented to him, the same shall be a law, in like manner as if he had signed 
it, unless the Congress by their adjournment prevent its return; in which 
case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the Senate 
and House of Representatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the United States; 
and before the same shall take efTect, shall be approved by him, or being 
disapproved by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

Section VIH. 

The Congress shall have power to lay and collect taxes, duties, im- 
posts, and excises, to pay the debts and provide for the common defense 
and general welfare of the United States; but all duties, imposts, and 
excises shall be uniform throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations and among the several 
States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts by securing for 
limited times to authors and inventors the exclusive right to their respective 
writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high seas 
and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and 
naval forces; 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment 
of the officers, and the authority of training the militia according to the 
discipline prescribed by Congress; 



Constitution of tlie United States 183 Constitution of the United States 



To exercise exclusive legislation in all cases whatsoever over such 
district (not exceeding ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the seat of the Government 
of the United States, and to exercise like authority over all places purchased 
by the consent of the Legislature of the State in which the same shall be, 
for the erection of forts^ magazines, arsenals, dockyards, and other needful 
buildings; and 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the Government of the United States, or in any department 
or officer thereof. 

Section IX. 

The migration or importation of such persons as any of the States 
now existing shall think proper to admit shall not be prohibited by the Con- 
gress prior to the year one thousand eight hundred and eight, but a tax 
or duty may be imposed on such importation, not exceeding ten dollars 
for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may re- 
quire it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall vessels 
bound to or from one State be obliged to enter, clear, or pay duties in 
another. 

No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 

Section X. 

No State shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex post facto law, or law impairing the obligation 
of contracts, or grant any title of nobility. 

No State shall, without the consent of Congress, lay any imposts or 
duties on imports or exports, except what may be absolutely necessary 



Constitution of the United States 184 Constitution of the United States 

for executing its inspection laws; and the net produce of all duties and 
imposts, laid by any State on imports or exports, shall be for the use of the 
Treasury of the United States; and all such laws shall be subject to the 
revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops or ships of war in time of peace, enter into any agree- 
ment or compact with another State or with a foreign power, or engage in 
war, unless actually invaded or in such imminent danger as will not admit 
of delay. 

ARTICLE II. 

Section I. 

The Executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four years, 
and together with the Vice-President, chosen for the same term, be elected 
as follows: 

Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Congress; 
but no Senator or Representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the same 
State with themselves. And they shall make a list of all the persons voted 
for, and of the number of votes for each ; which list they shall sign and certify 
and transmit, sealed, to the seat of the Government of the United States, 
directed to the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person having 
the greatest number of votes shall be the President, if such number be a 
majority of the whole number of electors appointed ; and if there be more 
than one who have such majority, and have an equal number of votes, then 
the House of Representatives shall immediately choose by ballot one of 
them for President; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose the President. 
But in choosing the President the votes shall be taken by States, the repre- 
sentation from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. In every case, 
after the choice of the President, the person having the greatest number 
of votes of the electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall choose from 
them by ballot the Vice-President.]* 



*This clause of the Constitution has been amended. See twelfth Article of the 
Amendments. 



Constitution of the United States 185 Constitution of the United States 

The Congress may determine the time of choosing the electors and the 
day on which they give their votes, which (lay shall be the same throughout 
the United States. 

No person except a natural-born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President, and the Congress may 
by law provide for the case of removal, death, resignation, or inability, 
both of the President and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly until the disability 
be removed or a President shall be elected. 

The President shall, at stated times, receive for his services a compen- 
sation, which shall neither be increased nor diminished during the period 
for which he may have been elected, and he shall not receive within that 
period any other emolument from the United States, or any of them. 

Before he enter on the execution of his office he shall take the following 
oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my ability 
preserve, protect, and defend the Constitution of the United States." 

Section II. 

The President shall be Commander-in-chief of the Army and Navy 
of the United States, and of the militia of the several States when called 
into the actual service of the United States; he may require the opinion, 
in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of thier respective offices, and he 
shall have power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the Senate, 
to make treaties, provided two-thirds of the Senators present concur; and 
he shall nominate, and, by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and consuls, judges of 
the Supreme Court, and all other officers of the United States, whose 
appointments are not herein otherwise provided for, and which shall be 
established by law; but the Congress may by law vest the appointment 
of such inferior officers as they think proper, in the President alone, 
in the courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 



Constitution of the United States 186 Constitution of the United States 

Section III. 

He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, on extraordinary 
occasions, convene both houses, or either of them, and in case of disagree- 
ment between them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think- proper; he shall receive am- 
bassadors and other public ministers; he shall take care that the laws be 
faithfully executed, and shall commission all the officers of the United 
States. 

Section IV 

The President, Vice-President, and all civil officers of the United 
States shall be removed from office on impeachment for and conviction of 
treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 
Section I. 

The judicial power of the United States shall be vested in one Supreme 
Court, and in such inferior courts as the Congress may from time to time 
ordain and establish. The judges, both of the Supreme and inferior courts, 
ehall hold their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be diminished dur- 
ing their continuance in office. ^ 

Section II. 

The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority; to all cases affecting 
ambassadors, other public ministers, and consuls; to all cases of admiralty 
and maritime jurisdiction; to controversies to which the United States 
shall be a party; to controversies between two or more States; between a 
State and citizens of another State; "between citizens of different States; 
between citizens of the same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, and foreign States, 
citizens, or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a State shall be a party, the Supreme Court shall 
have original jurisdiction. In all the other cases before mentioned the 
Supreme Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the Congress shall 
make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law have 
directed. 



Constitution of the United States 187 Constitution of the United States 

Section III. 

Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two 
witnessesto the same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood or forfeiture 
except during the life of the person attainted. 

ARTICLE IV. 
Section I. 

Full faith and credit shall be given in each State to the public acts, 
records, and judicial proceedings of every other State. And the Congress 
may by general laws prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 

Section II. 

The citizens of each State shall be entitled to all privileges and im- 
munities of citizens in the several States. 

A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall, on de- 
mand of the Executive authority of the State from which he fled, be de- 
livered up, to be removed to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under the laws thereof, 
escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, but shall be delivered 
up on claim of the party to whom such service or labor may be due. 

Section III. 

New States may be admitted by the Congress into this Union; but 
no new State shall be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junction of two or more States 
or parts of States, without the consent of the Legislatures of the States 
concerned, as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States; and nothing in this Constitution shall be so construed 
as to prejudice any claims of the United States or of any particular State. 

Section IV. 

The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against 
invasion, and on application of the Legislature, or of the Executive (when 
the Legislature cannot be convened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the Legislatures of two-thirds of the several States, shall 



Constitution of the United States 188 Constitution of the United States 



call a convention for proposing amendments, which in either case shall be 
valid to all intents and purposes as part of this Constitution, when ratified 
by the Legislatures of three-fourths of the several States, or by conventions 
in three-fourths thereof, as the one or the other mode of ratification may 
be proposed by the Congress, provided that no amendments which may 
be made prior to the year one thousand eight hundred and eight shall in 
any manner affect the first and fourth clauses in the ninth section of the 
first article; and that no State, without its consent, shall be deprived of 
its equal suffrage in the Senate. 

ARTICLE VL 
All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United States 
under this Constitution as under the Confederation. 

This Constitution, and the laws of the United States 'vvhich shall be 
made in pursuance thereof, and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial officers 
both of the United States and of the several States, shall be bound by 
oath or affirmation to support this Constitution; but no religious test shall 
ever be required as a qualification to any office or public trust under the 
United States. 

ARTICLE VII. 
The ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so ratifying 
the same. 

Done in convention by the unanimous consent of the States present, 
the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the independence 
of the United States of America the twelfth. In witness whereof, 
we have hereunto subscribed our names. 
George Washington, President, and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Oilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 
New Jersey — ^William Livingston, David Brearly, William Patterson, 

Jonathan Dayton. 
Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, 
George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, 
Gouverneur Morris. 



Constitution of the United States 189 Constitution of the United States 

Deiaware — George Read, Gunning Bedford, Jr., John Dickinson, Richard 

Bassett, Jacob Broom. 
Maryland — James Mcl^enry, Daniel of St. Thomas Jenifer, Daniel 

Carroll. 
Virginia — John Blair, James Madison, Jr. 
North Carolina — William Blount, Richard Dobbs Spaight, Hugh 

Williamson. 
South Carolina— John Rutledge, Charles Cotesworth Pinckney, Charles 

Pinckney, Pierce Butler. 
Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 

The Amendments. The greatest objection to prompt 
ratification of the Constitution as adopted by the Convention 
was that in no part of the document was there a guarantee of 
certain inalienable rights of the people. It was only on the 
express understanding that the first Congress to meet under 
the Constitution should propose amendments covering these 
demands that several of the States ratified the Constitution. 
The first ten Amendments were accordingly proposed in 1789 
and declared adopted in 1791. The Eleventh and Twelfth 
Amendments may be practically considered as adopted for the 
same reasons which compelled the adoption of the first ten. 
The Eleventh was proposed in 1794, the Twelfth in 1803; they 
were declared adopted in 1798 and 1804, respectively. The 
last three were the outgrowth of the Civil War. The Thirteenth 
was proposed and adopted in 1865; the Fourteenth was pro- 
posed in 1866, and adopted in 1868; the Fifteenth was proposed 
in 1869, and adopted in 1870 [see Amendments to the Con- 
stitution]. The full text of the fifteen Amendments is given 
below : 

AMENDMENTS. 

ARTICLE I. 

Congress shall make no law respecting an establishment of religion, 

or prohibiting the free exercise thereof; or abridging the freedom of 

speech or of the press; or the right of the people peaceably to assemble, 

and to petition the government for a redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be infringed. 



Constitution of the United States 190 Constitution of the United States 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house without 
the. consent of the owner, nor in time of war, but in a manner to be pre- 
scribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be searched, 
and the person or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger; nor shall any person be 
subject for the same offense to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against himself, 
nor be deprived of life, liberty, or property, without due process of law; 
nor shall private property be taken for public use without just com- 
pensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 
ARTICLE VII 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any court of the United 
States, than according to the rules of the common law. . 
ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respectively 
or to the people. 



Constitution of the United States 191 Constitution of the United States 

ARTICLE XI. 
The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens or 
subjects of any foreign State. 

Article xii. 

The electors shall meet in their respective States and vote by ballot 
for President and Vice-President, one of whom, at least, shall not be an 
inhabitant of. the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots the persoa 
voted for as Vice-President, and they shall make distinct lists of all persons 
voted for as President and of all persons voted for as Vice-President, 
and of the number of votes for each; which lists they shall sign and certify, 
and transmit sealed to the seat of the Government of the United States, 
directed to the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person having the 
greatest number of votes for President shall be the President, if such 
number be a majority of the whole number of electors appointed; and if 
no person have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the Pre- 
sident. But in choosing the President the votes shall be taken by States, 
the representation from each State having one vote; a quorum for this pur- 
pose shall consist of a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. And if the House 
of Representatives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the death 
or other constitutional disability of the President. 

The person having the greatest number of votes as Vice-President 
shall be the Vice-President, if such number be a majority of the whole 
number of electors appointed ; and if no pei-son have a majority, then from 
the two highest numbers on the list the Senate shall choose the Vice-Presi- 
dent; a quorum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. 
Section I. 
Neither slavery nor involuntary servitude, except as a punishment 
for crime whereof the party shall have been duly convicted, shall exist 
within the United States or any place subject to their jurisdiction. 



Constitution of tlie United States 192 Constitution of the United States 



Section II. 
Congress shall have power to enforce this article by appropriate 
legislation. 

ARTICLE XIV. 

Section I. 
All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; 
.nor shall any State deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section II. 

Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of per- 
sons in each State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for President and Vice-- 
President of the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Legislature thereof, 
is denied to any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section III. 

No person shall be a Senator or Representative in Congress, or 
elector of President and Vice-President, or hold any office, civil or mili- 
tary, under the United States, or under any State, who, having previously 
taken an oath as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as an executive or 
judicial officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But Congress may, by a 
vote of two-thirds of each House, remove such disability. 

Section IV. 
The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave; but all 
such debts, obligations, and claims shall be held illegal and void. 



Consul 193 Consul 

Section V. 
The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 

ARTICLE XV. 
Section I. 
The right of citizens of the United States to vote shall not be denied 
or abridged by the United States, or by any State, on account of race, 
color or previous condition of servitude. 

Section II. 
The Congress shall have power to enforce this article by appropriate 
legislation. 

Consul, an officer of the United States Government, 
appointed to reside in a foreign city as the representative of our 
commercial interests. He has nothing to do with the diplo- 
matic service of his country, is not supposed to interest himself 
in the least in the political relations of the United States and 
the country of his official residence, but is placed in office solely 
to advance his country's business interests. 

The duties of a Consul, as stated in detail in his official 
instructions, are numerous. The most important are (1) the 
detection of fraud in invoices, on which articles to be imported 
to this country are entered at less than their face value, to 
escape just and equitable payment of tariff taxes, and (2) the 
promotion of our foreign trade by frequently sending to the 
Government authorities such information as will be of value to 
our merchants and manufacturers in developing their export 
trade. 

A Consul cannot hope to be thoroughly familiar with the 
value of every article exported from his territory, nor to detect 
all the frauds attempted upon his Government by incorrect 
invoices; but by vigilance and close investigation into local 
conditions, he is able to render very valuable service in this 
direction. The only way in which he can know of opportunities 
for developing our export trade is by mixing freely with the 
people of his consular district, informing himself fully as to 
local production and consumption. 

Under the admirable consular system which the United 
States Government has developed, there is benefit for nearly 



Consul 194 Consul 

every branch of industrial and commercial enterprise, and the 
possibilities can be turned to advantage just so far as producers, 
manufacturers and merchants acquaint themselves with the in- 
formation published in the reports which United States Consuls 
in every part of the world are obliged to make annually to the 
State Department. These reports cover the agriculture, the 
manufactures, the commerce and the labor statistics. There is 
infinite variety in the information given, and it is all valuable. 
New methods for production of crops or for manufactures of 
every kind; improved systems in large industries; devices for 
facilitating any branch of labor; conditions affecting crop 
prospects; statistics of demand and supply in the markets; the 
development of new lines of industry or trade, and many other 
things important to the farmer, the manufacturer, the importer 
or the exporter here, are faithfully reported upon, and the store 
of information thus gathered is at the command of any citizen 
of the United States who chooses to ask for it. 

The Consul is also charged with the protection of the righ jS 
of American seamen abroad. To enable him to execute this 
duty intelligently, he holds the ship's papers of all American 
vessels while in port; hears complaints of seamen; reclaims 
deserters; appoints examiners for vessels reported to be un- 
seaworthy; sees that seamen are given the three months' extra 
pay provided by law when vessels on which they served are 
sold; takes measures for the saving of stranded vessels and 
their cargoes, etc. The Consul is authorized, also, to take 
possession of the personal property of American citizens dying 
within the range of his consular district, and he is responsible 
for its safe delivery to the lawful heirs of the deceased. Any 
American citizen abroad may appeal to any United States 
Consul for advice along the line of his official duties, and for 
direction in case of emergencies. 

There are about seven hundred consular offices of the 
United States in the various countries of the world; only about 
four hundred of these are in charge of Consuls, however, the 
remainder being consular agencies. A consular agency is 
subordinate to the regular consulate, and the office is created 



Consular Service 195 Contempt of Court 

usually at the suggestion of the Consul, to render the service 
more effective. The consular agent is paid only in fees. In 
rank above the Consul is the Consul-General [q. v.] and subordi- 
nate to him are the Vice-Consul and Deputy Consul. 

A Consul receives his appointment from the President, by 
and with the advice and consent of the Senate, and is under 
the immediate direction of the Department of State. The 
compensation of Consuls ranges from $1,000 to $7,500 per 
annum, vi^ith the addition of certain fees which by law they 
are allowed to retain. The term of office is for four years, with 
privilege of reappointment at the option of the President and 
Secretary of State. The Consul is obliged to pay his traveling 
expenses from his private purse. .See Foreign Service. 

Consular Service. See Consul. 

Consul=Qeneral, a Consul having general supervision of all 
the other Consuls within the limits of his consular territory. 
Thus, the American Consul-General at Paris is the superior 
officer of all other American Consuls appointed to French 
cities, and to him they apply for advice and assistance, as 
needed. See Consul. 

Contempt of Court, any insult offered to the dignity of any 
court of justice or any defiance or resistance to its authority. 
Whenever the contempt be committed in the presence of the 
court, the offender may instantly be apprehended by the pre- 
siding Judge or Justice and either fined or imprisoned, in the 
discretion of the court. In other cases, if the Judge have reason 
to believe from evidence submitted according to legal practice 
that a contempt has been committed, he may make a rule 
demanding that the suspected person appear and show cause 
why he should not be adjudged in contempt and punished 
accordingly. 

As examples of contempt of court we may cite the follow- 
ing: refusal of witnesses to answer proper questions referring 
to cases at issue, malpractice of attorneys, misbehavior of 
jurymen in matters relating to the discharge of their duties, 
disobedience of parties in complying with the mandates of the 
court, non-payment of costs, and wrong-doing by sheriffs. 



Contested Elections 196 Continental Congresses 



jailers or other officers in executing the processes of the law. 
Punishment for contempt does not extend farther than im- 
prisonment for the period of one year and the payment of a 
maximum fine of one hundred dollars. 

Contested Elections. In case of dispute as to the result 
of any election in the United States, the alleged victim of fraud 
or violation of election laws has the right to appeal from the 
decision of election officials. If the position in controversy be 
a seat in the Senate or the House of Representatives of the 
United States, the complainant may present his evidence to 
the Committee on Elections (House) or the Committee on 
Privileges and Elections (Senate), who review the case and 
whose decision is final. For members of a State Legislature, 
the action is similar to the procedure in Congress. If the 
Presidency of the United States is involved, the alleged fraud 
must first be investigated in the State where the frauds were 
said to occur; if no settlement can be reached, the Govern- 
ment has established a precedent for the future in the action 
taken in the Hayes-Tilden contest of 1876, when an Electoral 
Commission [q. v.] was authorized by Congress to decide the 
contest. The reader must observe the distinction between a 
disputed election and a failure to elect (see Disputed Elec- 
tions). 

A State or local election contest is usually adjusted by 
recount of ballots in the precincts where irregularity is alleged 
to have occurred. The case may be carried into the courts, 
with the result that the count of votes as returned by the 
election officials may be sustained, or the entire vote of all 
precincts involved in the dispute may be thrown out. 

Continental Congresses. Between 1765 and 1774, the 
American colonies, although continually suffering from unjust 
restrictions placed upon them by the English Government, 
engaged in no general movement against their oppressors. Each 
colony fought for its political rights single-handed, if at all. 
The passage of the Boston Port Bill so alarmed the colonists, 
however, that nine years after the Colonial Congress [q. v.] met 
in New York another representative assembly was called, upon 



Continental Congresses 197 Continental Congresses 

the initiative of Massachusetts. It met in Philadelphia, in 
September, 1774, and was attended by fifty-five delegates, 
from twelve colonies. Georgia alone was not represented, but 
through her authorities agreed to concur in any measures 
adopted. This body is known as the First Continental Congress, 
and the action of the various colonies in selecting delegates to 
represent them at its sessions marks the actual commencement 
of the American Union. In some cases the delegates were 
chosen by the assemblies, and in others by conventions of the 
people; thus the First Continental Congress exercised sovereign 
power, not merely as delegates of the government of the colonies, 
but by virtue of authority derived directly from the people. 
Viewed in this light, its declarations were revolutionary. It 
adopted a declaration of rights and grievances and three 
addresses, one to the king, one to the people of Great Britain, 
and another to the people of Quebec. By far the most im- 
portant act was the formation of an association declaring for 
the non-importation, non-exportation and non-consumption 
of British merchandise. The articles of agreement established 
rules pertaining to the use of imported goods. This decree 
has been called the first enactment of general law in America. 
The action met with hearty approval throughout the colonies, 
whose assemblies ratified it and assumed obligations which 
made it in every sense a national law. 

The colonies had sent their ablest men to this Congress, 
for it was well understood that momentous consequences might 
result from its deliberations. The ability of its members was 
not ignored in England, where Lord Chatham, in a speech in 
the House of Lords, said that "for solidity of reasoning, force 
of sagacity and wisdom of conclusion, under such a complication 
of circumstances, no nation, or body of men, can stand in 
preference to the general Congress at Philadelphia." The 
Congress remained in session until October 26th, then adjourned 
to meet May 10, 1775. In this respect it differed from ali 
previous assemblies, which had always adjourned sine die. It 
was evident to all that additional work of great importance 
lay before the body. 



Continental Congresses 198 Continental Congresses' 

Second Continental Congress. On May 10, 1775, the date 
to which the preceding Congress adjourned, Philadelphia was 
the scene of the assembling of the Second Continental Congress. 
The following table shows the number of delegates in attendance 
from each of the colonies: 

Colonies Dele- When Colonies Dele- When 

Represented. gates. Chosen. Represented. gates. Chosen. 

Connecticut 5 Nov. 3, 1774 South Carolina. , . 5 Feb. 3, 1775 

Massachusetts.. . . 5 Dec. 5, 1774 Delaware 3 March 16, 1775 

Maryland 7 Dec. 8, 1774 Virginia 7 March 20, 1775 

Pennsylvania. ... 9 Dec. 15, 1774 North Carohna. . . 3 April 5, 1775 

New Jersey 5 Jan. 24, 1775 New York 12 April 22, 1775 

New Hampshire . 2 Jan. 25, 1775 Rhode Island. ... 2 May 7, 1775 

Early in the session John Hancock of Massachusetts was 
chosen President of Congress, succeeding Peyton Randolph, 
who resigned because of ill health. This Congress existed five 
hundred eighty-two days, adjourning on December 12, 1776. 
In its early days, on July 8, 1775, Congress adopted a 
second conciliatory petition to the King. Benjamin Franklin 
was appointed first Postmaster-General and others were named 
as Treasurers of the colonies. On June 11, a committee was 
appointed to draft a Declaration of Independence [q. v.]. This 
was agreed to and published to the world on July fourth. The 
engrossed copy was signed by fifty-four delegates on August 2, 
1776, and is yet preserved in the archives of the Department 
of State. 

Third Continental Congress. The meeting was held at 
Baltimore, beginning December 20, 1776, eight days after the 
adjournment of the Second Continental Congress at Philadel- 
phia. The change in meeting place was necessary because of 
the danger of capture by British troops. It continued in 
session seventy-five days, ending on March 4, 1777. 

Other Continental Congresses. There were in all fourteen 
''Continental Congresses, sessions being held at various times 
in Philadelphia, Baltimore, Princeton, Annapolis, Trenton, 
York (Pennsylvania) and New York City [see Capitals of 
THE United States]. They performed great service to the 
country in carrying it successfully through the war. The 
Fourteenth Continental Congress met at New York, November 
5, 1787. Its duty consisted mainly in devising methods for 



Contraband 199 Copperhead 

«. 

putting the new Government of the United States under the 
Constitution into operation. It existed three hundred fifty- 
three days, adjourning October 21, 1788. 

Contraband, merchandise in which traffic between nations 
is prohibited or restricted. See Contraband of War. 

Contraband of War. The word contraband, in its simplest 
sense, means forbidden; c.ontraband of war, therefore, means 
those goods which a neutral nation is prohibited from supplying 
to either of two countries which are engaged in war. This 
prohibited list always includes all articles used in prosecuting 
hostilities, such as arms, ammunition, material for manufactur- 
ing engines of war, armed vessels, foodstuffs intended for 
military forces, and the like; sometimes coal is included in the 
list. Regular, uninterrupted commerce in all products not 
officially proclaimed against may continue as in times of peace, 
except when prevented by blockade [q. v.]. Any neutral 
person endeavoring to furnish proscribed material to either 
belHgerent does so at his own risk; if detected in the act, both 
ship and cargo may be retained by its captors, subject, how- 
ever, to the decision of a prize court, and his Government may 
not protest. 

Convention, a meeting of regularly appointed delegates, 
representing the whole electorate of the political district af- 
fected, for the purpose of taking action on matters named in 
the official call. Any matter coming officially before the dele- 
gates which is not mentioned in the published call would not 
be considered a legal action. The manner in which delegates 
receive appointment is reviewed at length under the heading 
National Convention [q. v.]. 

Convention of 1787. See Constitution of the United 
States. 

Copperhead, a term applied by Union people during the 
Civil War to those Northerners who sympathized with the 
South. That the appellation was intended as a severe arraign- 
ment of a person's loyalty to his Government may be inferred 
from the fact that the copperhead is the name of a venomous 
snake that "prefers dark and foul places" and is said to "sting 



Copyright 200 Copyright 

from behind." Only the most acute political differences could 
develop such conditions. 

Copyright, the sole right, granted by law to authors and 
artists, to publish and dispose of their various productions for 
a limited time. To acquire a copyright which shall be valid, 
it is necessary that the work for which protection is asked shall 
be original. If any part of what is offered for copyright be 
copied by the owner from a previous work, it is evident that 
the title will fail with respect to copyright, as the owner cannot 
be the producer of what has been adapted from another. The 
law does not require that the subject or the title of a book shall 
be new, but it is required that the method of treating a topic 
shall have a greater or less degree of originality. Copyright 
may be asked in case of any novel arrangement, as well as any 
recent corrections and additions to an old work which is not 
the property of the compiler. 

Filing the Title. The first step to be taken in order to 
secure copyright protection is the transmission to the Register 
of Copyrights, of the Copyright Office, Library of Congress, 
Washington, of a printed copy of the title of the book or other 
article. If a printed title cannot be offered, the title must be 
typewritten, as written titles cannot be accepted. The copying 
of such title page into the record books of the Copyright Office 
becomes the recording of the claim to copyright. The second 
step required to be taken to complete a copyright is the deposit 
of two copies of the article for which the title has been recorded, 
as soon as said copies are printed and bound, if the article is a 
book, or are completed, if the article is in any other form. No 
person shall be entitled to a copyright unless he shall forward 
to the Copyright Office these two copies on the day of publica- 
tion. The third step requisite to secure a valid copyright is 
the printing of the claim of copyright on each copy of the 
article protected. No copyright can be protected against 
infringement unless the notice prescribed by law is inserted in 
every copy produced. The wording of a notice is determined 
not by the will of the author or publisher, but by statute, and 
must follow one of two forms. The first is: 



Copyright 201 Copyright 

Entered according to act of Congress in the year 190- by 
(name of owner) in the office of the Librarian of Congress at Wash- 
ington. 

The second is much shorter but equally effective: 
Copyright 190- by (name of owner). 

In case of a book, the law prescribes that this notice shall 
be printed on the title page or the page immediately following. 
Any form which does not follow one of the two prescribed 
sentences above does not protect the person who applies for the 
copyright. The date must not be absent, neither must the 
name of the person to whom protection is granted. 

Copyright Fees. For recording each title of a book or 
other article which is the production of a citizen or resident 
of the United States, the charge is fifty cents. For this sum 
the Copyright Office issues a card briefly certifying to the 
necessary facts. If the owner desires a certificate of copyright, 
which really amounts to the same thing as the card certificate, 
but is larger and more formal in appearance, there is an addi- 
tional charge of fifty cents, but the additional expenditure is 
not necessary. For the recording of each title of a book or 
other work which is the production of a person not a citizen 
or resident of the United States, the charge is one dollar. 

Term of Copyright. The first term of copyright is for 
twenty-eight years from the time of recording the title in the 
Copyright Office. Within six months before the expiration of 
this term, the statute provides that the author, if he be still 
living, or the widow or children, in case he be dead, can have 
the copyright continued for a further term of fourteen years. 
At the expiration of this total period of forty-two years, all 
copyright privileges expire. This renewal requires the filing 
of the title a second time and the deposit of the two copies, 
exactly the same as in case of the original copyright. The 
fees are also the same, but in case of renewal, a certificate is 
obligatory, making the total cost one dollar, and this certificate 
must be published for the space of four weeks in one or more 
newspapers published in the United States. 



Coroner 202 Coroner's Jury 

Assignment of Copyrights. Copyrights are assignable in 
law by any instrument of writing. This should state the 
names of the assignee and assignor and the title of the book 
or other article assigned, and each assignment must be recorded 
in the Copyright Ofhce within sixty days after its execution. 
See International Copyright. 

Coroner, a county officer in each county of every State, 
whose chief duty is the investigation of the cause or manner of 
death of persons who are slain or who die suddenly without 
attending physicians who are able to state cause of death, or 
surrounding whose death there appear to be suspicious circum- 
stances. A physician who cannot certify to a death from nat- 
ural causes is required by law to report the case to the Coroner's 
office; in some States the statutes give Justices of the Peace 
local jurisdiction in the absence of the Coroner. It is then the 
duty of the Coroner or Justice to impanel a jury of six men and 
lead them in an inquiry which shall ascertain the cause of 
death, if possible. If foul play is discovered, the jury must 
report to the Coroner the names of all persons possessing a 
guilty knowledge of the deed, if sanle can be learned, and this 
fact forms the basis of an indictment [q. v.] of the guilty person 
or persons by the grand jury or an information [q. v.] filed by 
the county prosecutor before the criminal court. The arrest 
of the alleged assailants occurs at once and this is followed 
by trial, which the Constitution declares shall be speedy and 
impartial. 

In most States the statutes provide that in case of the 
death, resignation or incapacity of the Sheriff, the chief Execu- 
tive officer of the county, the Coroner shall be acting Sheriff 
and chief peace officer until another Sheriff shall be chosen 
or until the regular incumbent's disability is removed. See 
County Officers. 

Coroner's Jury, a body of men, six in number, impaneled 
by the Coroner of a county, or by a Justice of the Peace as 
acting Coroner, to inquire into the unnatural cause of death 
of a person. This body has power to compel the attendance 
of witnesses and to administer oaths. See Coroner. 



Corporal • 203 Corporations 

Corporal. A corporal is the lowest officer of a company 
of soldiers. He is not a commissioned officer, but is appointed 
by his superiors. There are from four to six corporals in each 
company; they are below sergeants in rank. See Sergeant- 

Corporal's Guard, a term used derisively to denote a meager 
following, or unimportant minority. The expression was first 
used in 1841-1844, and was applied to the f§w supporters of 
President Tyler and his administration. 

Corporation. See Incorporation. 

Corporations, Bureau of, the chief bureau of the Depart- 
ment of Commerce and Labor, the last Executive division of 
the general Government, the head of which is the Secretary of 
Commerce and Labor. The chief of the Bureau of Corporations 
is given the title of Commissioner of Corporations, and his 
salary is $5,000 per year. In a commercial sense, this Bureau 
is one of the most important departments of the entire Federal 
machinery; the Commissioner is given power to investigate 
all companies except general transportation companies, whose 
conduct is always under the investigation of the Interstate 
Commerce Commission [q. v.]. The Bureau was intended by 
the framers of the act authorizing the Department of Commerce 
and Labor to be the regulator of "trusts," which before its 
inauguration felt but little controlling influence over their 
acts. The following clauses in the bill which established the 
Bureau explain in few words its powers and duties: 

"The said Commissioner shall have power and authority to make, 
mider the direction of the Secretary of Commerce and Labor, diligent 
investigation into the organization, conduct and management of the 
business of any corporation, joint stock company or corporate combina- 
tion engaged in commerce among the several States and with foreign 
nations, excepting common carriers, and to gather such information and 
data as will enable the President of the United States to make recom- 
mendation to Congress for the regulation of such commerce, and to report 
such data to the President from time to time as he shall require; and the 
information so contained, or as much thereof as the President may direct, 
shall be made public. In order to accomplish the purpose of this section, 
the said Commissioner shall have and exercise the same power and au- 
thority in respect to corporations, joint stock companies and combinations 
as is conferred on the Interstate Commerce Commission in said 'Act to 



Cotton Whigs 204 Counterfeits 

Regulate Commerce,' and the amendments thereto in respect to common 
carriers, so far as the same may be applicable, including the right to sub- 
poena and compel the attendance and testimony of witnesses and the 
production of documentary evidence and to administer oaths." 

"It shall also be the province and duty of the said Bureau of Corpora- 
tions, under the direction of the Secretary of Commerce and Labor, to 
gather, compile, publish and supply useful information concerning cor- 
porations doing business within the limits of the United States and any 
foreign country, including corporations engaged in insurance, and to 
attend to such other duties as may be hereafter provided by law." 

Cotton Whigs. See Conscience Whigs. 

Counsellor, a counselling lawyer or attorney-at-law. In 
the United States practically no distinction exists between 
the terms. Some lawyers confine their practice to giving ad- 
vice, seldom appearing in court in charge of a case at law, 
leaving this task to colleagues who are termed trial lawyers. 
In the Supreme Court a distinction was at one time made 
between counsellor and attorney, but the custom was abandoned 
some years ago. 

Counted Out, a term indicating fraud at the ballot box, 
by which the person receiving the majority of votes cast is 
defeated by trickery. By juggling with the ballots or manip- 
ulating figures, it may be made to appear that the less popular 
candidate received the larger vote. Crimes of this nature are 
punished by imprisonment not exceeding one year, whenever 
the guilt of accused persons is established. Convicted persons 
are incarcerated in Federal prisons. 

Counterfeits and Counterfeiting. A counterfeit is any 
imitation of the currency of the United States, made with 
intention to defraud by offering the spurious as legal tender in 
exchange for commodities, or designed merely for advertising 
purposes, quite apart from criminal intent. One of the most 
active departments of the Federal Government is constantly 
engaged in discovering and punishing makers of false money. 
The several States of the Union are deprived of the privilege 
of coining money, and therefore the burden of punishing offen- 
ders rests with the power which authorizes its coinage and 
circulation. Severest penalties are imposed upon counterfeit- 



County 205 County 

ers, ranging from fines of $1,000 to $5,000, or fifteen years' 
imprisonment. 

Not only is it a crime to make or offer to circulate spurious 
money, but it is likewise unlawful to paint upon a signboard, 
no matter how many square feet in size, a representation of 
a coin or paper money of any denomination. The manufacture 
of pasteboard imitations of silver money for use of educational 
institutions teaching commercial branches is prohibited; no 
imitation money for that purpose shall bear the word "dollar" 
or the dollar symbol. No manufactured article shall be made 
to appear at all similar to any legal tender of the United States. 
This wholesome regulation is based upon the assumption that 
the ignorant or unobserving person, not able always to guard 
against deception, has the right to expect Government protec- 
tion to the greatest possible degree. This can only be guaran- 
teed by laws which give to the currency of the country unmis- 
takable characteristics such as are possessed by no other manu- 
factured article. 

County, a civil division of a State, having legally defined 
boundaries, and possessing within itself certain privileges 
of self-government. The necessity for subdivisions of territory 
within a large State becomes apparent at once; if all State 
authority were exercised at all times from one central point, 
it is evident that places near the seat of power might be gov- 
erned to excess, while sections more remote and often inacces- 
sible might suffer from lax supervision. Matters of purely 
local concern can best be adjusted by local government, sur- 
rounded by proper safeguards guaranteed by a superior political 
power. For this reason a State delegates power to regulate 
local government to political subdivisions; it defines boundaries 
and fixes limits of authority, while retaining full control over 
matters which affect all of the people of the State. This 
subdivision, the county, through its authorized officers, may 
levy taxes for local needs, but the State also assesses taxes on 
the same property, for the needs of the State at large; it may 
provide for its poor and its insane; it may organize a school 
system, subject to the will of the State Government as regards 



County Clerk 206 County Commissioner 

uniformity in text-books and teachers' qualifications; it may 
operate its courts of justice under such rules as the State pre- 
scribes; all matters which affect only the residents of the county 
are proper subjects on which the county authorities may 
legislate absolutely. Carrying the theory of local self-govern- 
ment still further, the county is politically subdivided into 
townships and the townships into school districts, road dis- 
tricts, etc., each of which possesses certain sovereign powers 
but over which there is always the authority of the larger 
political unit. The local center of government of the county 
is called the county seat, and it is usually the most populous 
town or the one nearest the geographical center of the county. 
Here are the county offices, in which all records are kept and 
in which sessions of the County Court, often called Circuit 
Court [q. v.], are held at least twice each year. The boundaries 
of the counties of a State are designated by the State Legis- 
lature. No county can be dfvided, however, without consent 
of a majority of the voters affected by the division; neither 
can two counties be joined in one without such vote of the 
citizens affected. A county usually consists of from twelve 
to sixteen townships, of thirty-six square miles each. Such 
a county is large enough to admit of an economical administra- 
tion of its affairs, and yet is small enough to, bring its county 
seat within easy reach of every citizen within its borders. See 
County Officers; State. 

County Clerk, that officer of each county who acts as 
secretary of the board of supervisors or board of county com- 
missioners, and recording officer or clerk of the Circuit (county) 
Court. He issues all licenses granted in the county by authority 
of the State or county, and in some States serves as a member 
of various county boards, such as the Board of Auditors, the 
Overseers of the Poor, etc. See County Officers. 

County Commissioner, [1] one of the three or more members 
of a Board of County Commissioners elected by the people to 
administer the affairs of the county. The duties of the Com- 
missioners are to supervise the finances of the county, levy 
taxes, care for public buildings, build roads, bridges, etc. 



County Court 207 County Officers 

In many States the Board of Supervisors [q. v.], consisting of 
one member from each county, comprise this county legislative 
body. 

[2] In certain States the chief school officer in the county 
is the County Commissioner of Schools. He is the head of 
the County Board of School Examiners, and exercises general 
supervision of the county's educational interests. 

County Court, a name frequently applied to the Circuit 
Court of the State Judicial system. See Circuit Court 
[State]. 

County Officers. The Constitution of each State provides 
a general outline of county government, by virtue of which, 
throughout the State, the principles of government are applied 
over restricted areas by local officers, who are responsible to 
the State for proper enforcement of all laws. The names of the 
necessary officials for the transaction of the county's business 
are always given in the State Constitution, and the duties per- 
taining thereto are prescribed, but the amount of salary to be 
paid each officer is left to local determination, by the Board of 
Supervisors [q. v.] or the County Commissioners [q. v.], as the 
case may be. It should be noted that the above named Super- 
visor or Commissioner is not a county officer, but an officer 
of the township, who forms with his fellow Supervisors or 
Commissioners the county legislative body. 

The list of the county officers varies but slightly in the 
different States; in nearly all of them the following are chosen, 
for terms of two years each: 

Sheriff Judge of Probate 

Clerk Surveyor 

Treasurer Superintendent of Schools 

Prosecuting Attorney, or State's Circuit Court Commissioner 

Attorney Coroner 

Register of Deeds, or Recorder 

Usually the Sheriff and Treasurer are eligible to but two 
terms in succession; the others may continue to hold the same 
positions as long as they are able to secure re-election. In 
Ohio, Indiana, Iowa, and Minnesota, a County Auditor is also 
chosen. He is Clerk of the Board of County Commissioners, 



County Seat 208 Court=Martial 

he keeps an account with the Treasurer of county receipts and 
expenditures, and draws all money from the treasury upon or- 
ders of the Commissioners. 

The duties of each of the county officers named above 
will be found in their alphabetical order. 

County Seat, the capital city of a county, selected as 
such by majority vote of all the electors in the county, or 
designated as such by the State Constitution. Here are 
located the county offices and the County Court. See County. 

Courtesy of the Senate, [1] a virtual violation of the Con- 
stitution, invoked usually to defeat confirmation of an appoint- 
ment made by the President of the United States. If a man is 
nominated to a Federal office in any State, the Senate considers 
it a courtesy due the Senators from that State to dispose of the 
appointment as they may suggest. This excessive regard for 
the political prerogatives of its members often leads the Senate 
to defeat a nomination at the request of one Senator who may 
cherish personal prejudice against the appointee. In such. cases 
the fitness of the official, which alone should be the determining 
factor, may receive slight consideration. [2] The rule of the 
Senate by which the rights of a member in debate are not 
abridged, even though he be engaged in a filibuster [q. v.] to 
defeat legislation. 

Court=Martial, the legal tribunal before which offenses 
against army and naval regulations are tried. Such a court is 
composed of officers in the service, and their verdict is sent to 
the Secretary of War or the Secretary of the Navy, as the 
case may demand, for approval. There is no appeal from 
the findings of a court-martial, except to the President of the 
United States. In the army there are general courts-martial, 
before which only officers are tried, and regimental and garrison 
courts-martial for lesser offenders. In the navy general courts- 
martial are instituted for the trial of officers, and summary 
courts-martial for trial of petty officers and those lower in the 
service. Desertion, disobedience of orders, conduct unbecom- 
ing the rank of the offender, etc., are among the most common 
charges tried before these courts. 



Court of Appeals 209 Courts 

Violations of the organic law are also within their juris- 
diction, in which case the penalty is dismissal from the service 
in disgrace. This is not the entire punishment in the latter 
class of cases, however, as the regularly constituted civil and 
criminal courts may take cognizance of the offense and try the 
case, inflicting such penalty as the laws mete out to private 
citizens. This later civil or criminal trial is not a violation of 
the Constitutional provision which protects a man from being 
twice put in jeopardy of life or limb for the same offense. The 
court-martial simply decides whether the accused is worthy 
longer to enjoy his rank and title in the departmental service, 
and does not put one in jeopardy in the Constitutional sense. 

Court of Appeals. Any tribunal authorized to hear and 
determine cases at law which have been appealed to it from the 
next lower court is a court of appeals. In most States any 
court above a Justice Court is an Appellate Court [q. v.]; the 
Circuit Court [q. v.] may try cases not satisfactorily settled in 
the Justice Court; the Superior Court may take cases appealed 
from the Circuit Court, and the Supreme Court of the State 
may be called upon to review cases on appeal from the Superior 
Court. In case the legal machinery of a State does not include 
a Superior Court, cases may be carried from the Circuit Court 
direct to the Supreme Court, unless other intermediate appellate 
courts are provided. In some States a tribunal called by name 
the Court of Appeals is provided to receive appellate cases; 
thus other courts are spared congested dockets, and their time 
can be given to cases of original jurisdiction. A case may be 
moved step by step from the court wherein it was first tried 
to the highest tribunal in the State, if the amount at issue 
renders appeal permissible. From the State Supreme Court 
important cases may be taken on appeal to the United States 
Supreme Court. See Appeal. 

Courts. Tribunals for the proper administration of 
justice, where citizens may find protection in all the rights 
granted them by law and where offenses against the peace and 
dignity of the State may be punished, are a necessary part of 
the machinery of all enlightened Governments. In a monarchy 



Courts 210 Courts 

bordering on absolutism the administration of judicial affairs 
is recognized as the supreme prerogative of the sovereign; 
his subjects must accept the quality of justice he permits his 
officers to dispense. A free people organizes its own judiciary 
and gives it an existence independent of all other departments 
of government; it interprets laws and Constitutions, and from 
the mandate of its highest tribunals there is no appeal. 

State Courts. As commonly organized, the Judicial 
Department of a State consists of one Supreme Court, a Circuit 
Court or County Court for each organized county, and below 
these, Municipal and Justice Courts. To relieve the Supreme 
Court of a portion of its duties, there are in some States one or 
more Appellate courts, which decide cases carried on appeal 
from the Circuit or County courts. Court of Appeals is another 
name for this tribunal. Any court below the Supreme or 
Appellate grade is composed of one judge, a clerk, and a peace 
officer who is attached to the sheriff's office or is a specially 
appointed bailiff. Attorneys-at-law are officers of each court 
in which they appear in behalf of their clients. In our legal 
system, the jurymen are also a part of the regular organization 
of all courts below those of highest rank. 

Sessions of Supreme and Appellate courts are usually 
held three or four times each year, each session continuing 
from four to ten weeks. Court must be held in each organized 
county at least twice a year; in densely populated communities 
there is often necessity for monthly sessions. In many States 
one judge may preside in the courts of several counties, traveling 
at regular intervals from one to another. The people of all 
the counties in his circuit participate in his election, and from 
this fact his title, Circuit Judge, is derived. The Circuit Court, 
with respect to its jurisdiction, is identically the same as the 
County Court; the difference in name is due to the fact that in 
the former the presiding officer serves more than one county, 
while in the latter the State Constitution prescribes that 
there shall be a resident Judge for each county. See 
Supreme Court; Appellate Court; Court of Appeals; 
Circuit Court; Justice Court. 



Cradle of Liberly 211 Crime 

United States Courts. See Judicial System, United 
States. 

Cradle of Liberty, a name applied to the city of Boston, 
because it was the center of agitation during the colonial 
period which ended with the War of the Revolution. The term 
is also applied to Faneuil Hall in Boston, because it was the 
common meeting place of the colonists of New England during 
the period above referred to. 

Credit Mobilier. A corporation formed in 1867 for the 
purpose of building one of the trans-continental railways was 
called the Credit Mobilier. From the manipulations of those 
in control, a great public scandal arose which involved eminent 
members of the National Congress. In order to secure favors 
from the Houses of Congress to push the Union Pacific Railway 
project, blocks of stock were either given to Senators and Repre- 
sentatives, or sold to them at merely nominal prices. James 
A. Garfield was charged in the Presidential campaign of 1880 
with connection with the Credit Mobilier, but nothing was 
proved against him. So much publicity was given the charges 
against various members of Congress that a committee was 
appointed by each House to investigate the whole matter. As 
a result, two members were named for expulsion from the 
House of Representatives, but when a decisive vote was taken 
there was not a majority in favor of the recommendation of the 
committee. This was one of the few great scandals involving 
officials high in our National life. 

Credit Money, another term for fiat money [q. v.]. 

Crime, any offense of a serious nature against the peace of 
the State, which subjects its author to legal punishment. In 
common usage, the word crime is used to denote such an offense 
as is of a deep and atrocious quality only. Lesser offenses and 
acts of omission and commission not so serious are comprised 
under the name of misdemeanor [q. v.]. Any offense against 
the laws of the United States is punished in the Federal courts 
only. Such crimes are counterfeiting, smuggling, treason, 
etc. The various State statutes, defining crime of all degrees, 
operate only within the boundaries of each State; therefore, 



Crime of 1873 212 Criminal Cases 

the penalty exacted of an offender in one Commonwealth may 
not be uniform with punishment in a neighboring State. If a 
man commits a serious crime in one State and flees to another, 
he may, on application of the Executive authority of the State 
in which the crime was committed, be apprehended and re- 
turned for trial. Such a request from one governor to another 
is called a requisition [q. v.]. In case flight carries the offender 
to a foreign country, in most cases he may be apprehended and 
returned, but in this event the process of securing his return 
is more complicated, as the foreign Government must be 
applied to through its Department of State, or Department of 
Foreign Affairs. The paper which secures the return of the 
alleged criminal across an international boundary is called an 
extradition [q. v.]. 

Crime of 1873. By the passage of a currency law in 1873, 
Congress closed the mints of the United States to the free 
coinage of silver, and by that act discriminated against that 
metal, which had previously been coined on the same terms 
as gold. This law was very obnoxious to the adherents of the 
silver question, and came to be called by them the "Crime of 
1873." As late as the Presidential campaign of 1896 it was a 
potent factor in National politics. See Bimetallism. 

Criminal Cases. A criminal case is a prosecution in the 
name of the State for violation of any penal statute. In all 
criminal cases, declares the Constitution, "the accused shall 
enjoy the right to a speedy and public trial by an impartial 
jury." The importance of this provision in our fundamental 
law is very frequently underestimated. Upon the quality of 
our criminal laws the safety of citizens rests. It frequently 
happens that a person entirely innocent of wrong-doing may 
be accused of a serious offense. The law is supposed to proceed 
against him humanely, on the assumption that he is innocent 
until proved guilty. Accordingly, every safeguard is thrown 
around the accused. The indictment under which he must 
stand trial must be specific; the prisoner is always allowed 
any reasonable length of time in which to prepare his defense; 
if he is not ready when the case is called, a postponement is 



Crittenden Compromise 213 Crittenden Compromise 

allowed him; if the prosecution, which means the State, defers 
his trial beyond a reasonable time, he may demand release 
from custody. In many States if four terms of court pass 
without bringing a man to trial after he signifies his readiness 
for the ordeal, he is freed unconditionally. The trial of every 
alleged offender must be oral and public; the verdict must be 
rendered solely upon the evidence and must be positive either 
for guilt or innocence of the defendant. In Scotland for many 
years a verdict called the "Scotch verdict" was permissible, 
which allowed a jury that was undecided to return a verdict of 
"not proven." Such a verdict has never been legal in America. 
If the offender is found guilty, again the Constitution comes 
to his defense with a clause in Amendment 8 which declares 
that cruel and unusual punishment shall not be inflicted. Mis- 
takes are sometimes made and punishments meted out which 
seem not to be deserved. In such cases, the Supreme Court 
of a State may declare the punishment excessive and refer the 
case back to the trial court for a new hearing. See Appeal; 
Civil Cases. 

Crittenden Compromise, one of the Legislative projects 
prior to the Civil War, advanced to effect a compromise between 
the North and the South. It was introduced into the United 
States Senate on December 18, 1860, at a time when hostilities 
between the sections seemed certain. It provided for six 
amendments to the Constitution, and doubtless the people of 
the States would have ratified each, had the opportunity been 
offered. However, the Senate could not agree upon them, so 
the Compromise never reached a vote in the country. The 
most important of the six provisions declared that the line of 
36° 30' north latitude should be the boundary between slave 
and free soil, so long as such territory should remain under 
Territorial form of government, but that whenever any Territory 
north or south of said line should contain a population requisite 
for a member of Congress it should be admitted on an equal foot- 
ing with the other States, with or without slavery, as its Consti- 
tution should provide. The success of the proposed amendments 
could not have settled the slavery question permanently. 



Cruiser 



214 



Currency 



Cruiser, an armored war-vessel, smaller than the battle- 
ship, built mainly for speed. While an important fighting 
unit of the navy in a battle, the main use to which a cruiser 
is put is as a protection to convoys, for dispatch carrying and 
for scouting. In early days — as far back as the sixteenth 
century — the necessity for vessels of speed was admitted by 
maritime nations, and at the time they were called "fly-boats," 
or "pinnaces." In our navy the first cruiser of modern type 
was the ill-fated "Maine," destroyed in Havana harbor in 1898. 
See Navy of the United States. 

Currency. In the strictest sense, any medium of exchange 
that is everywhere received without question is currency, 





Six aiO££'^'7l§ 

TKlSBiUeMuUstKi 
BtartT to TPCt:vf 

SIX SPANISH MaLED 
DOLLARS. OT thi' 

Vo^ui (h.rco/ in Gold 

or SILVER <>rooT[fiT.a-to 
o Riiolution or COAf 
CRESS irxilMit PK. 






[d(^,js_Q^2^ 



f AC-SIMILB OP CONTINENTAL BUM. 




whether it be coin or paper money. During the last century, 
however, the term has come to be confined practically to the 
latter. 

Not always have governments been able to provide 
money, or what has been accepted as money, in convenient 
form for general use. In the early colonial days, wampum 
was a recognized and legal medium of exchange, in every 
sense regarded by the people as currency. In some of the 
seaboard colonies, it is remembered that tobacco was used 
as a medium of exchange, even ministers' salaries having been 



Customhouse 215 Customhouse 

paid in this commodity. At the- time that the Virginians 
received a shipload of young women from England to become 
wives of the settlers, their passage to this country was paid 
in tobacco. The early continental bills of Revolutionary days 
were crudely printed and possessed no stability, there being 
no plan of redemption back of them. The value of such 
currency is always conditioned upon the prosperity of the 
country responsible for its issue. In the early Revolutionary 
days, Continental currency was accepted at par, but when 
reverses came it depreciated in value until $100 in gold would 
purchase nearly $3,000 in paper currency. Laws, penalties, 
entreaties could not sustain its value. 

The paper money of today is of four kinds — legal tender 
notes. National bank notes, gold and silver certificates. The legal 
tender notes of the United States are bills issued merely on 
the credit of the Government. For years they were fiat money 
only, but in 1882 Congress passed an act directing the Treasury 
of the United States to hold gold and silver in reserve for their 
redemption. National bank notes are issued by National 
banks and their redemption is guaranteed by the National 
Government. Gold and silver certificates are issued by the 
Government, and to redeem them there is always on hand in 
the Treasury at Washington gold and silver to the amount 
of the certificates outstanding. These certificates give to the 
country a very convenient currency; were it not for them, 
gold and silver coin would be issued, necessarily in such quan- 
tities as to be a serious inconvenience on account of bulk and 
weight. See Coinage; Fiat Money; Wampum; National 
Banking System. 

Customhouse, an office designated by the general Govern- 
ment to receive shipments reaching this country from a foreign 
port. Not only are foreign goods received at customhouses 
and held for payment of customs duties [q. v.], or tariffs, but 
the customs officials are required to give clearance papers to 
vessels departing for foreign ports showing quantities and kinds 
of goods composing outgoing cargoes and certifying that all 
maritime regulations have been complied with. Customhouses 



Customhouse 216 Customhouse 

are frequently located in cities not on the seacoast or near the 
borders of the country, so imports may be shipped inland under 
bond and duties paid at customhouses nearest the homes of 
consignees. This arrangement distributes the labors of customs 
officials also, by lessening the work of appraising at ports of 
entry [q. v.]. The chief officer at each customhouse is the 
collector of the port, who receives all money paid on dutiable 
merchandise; the second officer is the appraiser, who fixes 
the amount of customs charges to be paid, in conformity with 
the tariff laws. The principal customhouses in the various 
States are located in the following cities: 

Alabama — Mobile. 

Alaska — Sitka. 

California — Eureka, San Diego, San Francisco, Wilmington. 

Colorado — Denver. 

Connecticut — Fairfield, Hartford, New Haven, New London, Stonington. 

Delaware — Wilmington. 

District of Columbia — Georgetown. 

Florida — Appalachicola, Cedar Keys, Fernandina, Jacksonville, Key 

West, Pensacola, St. Augustine, Tampa. 
Georgia— Atlanta, Brunswick, St. Mary's, Savannah. 
Illinois — Chicago, Galena. 

Indiana — Evansville, Indianapolis, Michigan City. 
Iowa — Burlington, Dubuque. 
Kentucky — Louisville, Paducah. 
Louisiana — Brashear, New Orleans. 
Maine — Bangor, Bath, Belfast, Castine, Eastport, Ellsworth, Houlton, 

Kennebunk, Machias, Portland, Saco, Waldoborough, Wiscasset, 

York. 
Maryland — Annapolis, Baltimore, Crisfield. 
Massachusetts — Barnstable, Boston, Edgarton, Fall River, Gloucester, 

Marblehead, Nantucket, New Bedford, Newburyport, Plymouth, 

Salem, 
Michigan — Detroit, Grand Haven, Grand Rapids, Marquette, Port Huron. 
Minnesota — Duluth, St. Paul. 
Mississippi — Natchez, Shieldsborough, Vicksburg. 
Missouri — Kansas City, St. Joseph, St. Louis. 
Montana — Great Falls. 
Nebraska — Omaha. 
New Hampshire — Portsmputh. 
New Jersey — Bridgeton, Newark, Perth Amboy, Somers Point, Trenton, 

Tuckerton. 



Customs Duties 217 Customs Duties 



New York — Albany, Buffalo, Cape Vincent, Dunkirk, New York, Ogdens- 
burg, Oswego, Patchogue, Plattsburg, Port Jefferson, Rochester, 
Sag Harbor, Suspension Bridge. 
North Carolina — Beaufort, Edenton, Newberne, Wilmington. 
Ohio — Cincinnati, Columbus, Cleveland, Sandusky, Toledo. 
Oregon — Astoria, Empire City, Portland, Yaquima. 
Pennsylvania — Erie, Philadelphia, Pittsburg. 
Rhode Island — Bristol, Newport, Providence. 
South Carolina — Beaufort, Charleston, Georgetown. 
Tennessee — Chattanooga, Memphis. 

Texas — Brownsville, Corpus Christi, Eagle Pass, El Paso, Galveston. 
Vermont — Burlington. 
Virginia — Alexandria, Cherry Stone, Newport News, Norfolk, Petersburg, 

Richmond, Tappahannock. 
Washington — Port Townsend. 
West Virginia — Wheeling. 
Wisconsin — La Crosse, Milwaukee. 

Customs Duties, a term usually shortened in common use 
to the word duties. A duty is a tax which is levied by the 
Federal Government upon goods imported into the country. 
In some European countries it is not uncommon to levy duties 
upon exports also, but usually this hardship upon the people 
is imposed only in time of famine, and the list of articles subject 
t o such export duty includes only foodstuffs which are necessary 
for home consumption. Export duties can never be levied 
n the United States, being prohibited in Article I, Section 9, 
of the Constitution. 

A duty is never a direct tax; only the persons who pur- 
chase articles on which a tariff has been placed pay the customs 
tax, or any part of it, whereas a direct tax is levied upon all 
paterns, within certain limitations. Congress has sole power 
to designate upon what imports customs duties shall be levied. 
Every bill for raising revenue must originate in the House of 
Representatives. This is a Constitutional provision; the 
Representatives are given the initiative because they come to 
Congress more directly from the people than is the case of the 
Senators, and possibly reflect more accurately public opinion 
on the subject of tariffs. After a tariff bill has passed the 
House, the Senate is privileged to propose amendments and 
usually makes many alterations in the schedules of articles 



Customs Duties 218 Customs Duties 

listed for taxation. As agreed upon finally by the two Houses 
and signed by the President, a tariff law usually remains in 
effect a dozen years or more, as too frequent alterations are 
prejudicial to business interests. Many times changes in tariff 
schedules have been dictated solely by political expediency. 
The various tariff acts of the United States usually bear the 
name of the Chairman of the Ways and Means Committee 
[q. v.] of the House of Representatives, who is the most con- 
spicuous official engaged in tariff revision. We thus account 
for the name of the Morrill Bill, the Mills Bill, the McKinley 
Bill, the Dingley Bill, etc. 

In framing a tariff bill, five kinds of customs duties may 
be employed, viz.: ad. valorem, specific, minimum, compound, 
and discriminating. Ad valorem duties are import duties 
based upon the actual value of the goods, without respect to 
any other considerations; the phrase means "according to the 
value of." Specific duties are import taxes levied in ce':'tain 
specified amounts per yard, per pound, per gallon, etc., without 
respect to actual value. A minimum duty is a modification of 
the above forms; under this designation goods that cost less 
than a certain amount are taxed as though they cost that 
sum. No wide application is given to minimum duties. A 
compound duty is, as its name suggests, a combination of ad 
valorem and specific duties, levied on certain manufactured 
articles. The specific part of such a duty equals the rate which 
would have been imposed on the imported raw material had it 
been sent here for manufacture; the ad valorem part is never 
added solely to produce revenue, but to protect the home 
manufacturer of the same class of articles against cheaper 
foreign competition [See Protective Tariff]. Discriminating 
duties are additions to the usual specific or ad valorem rate, 
levied upon imports from certain countries, or which are 
brought here in vessels of certain specified nations. Tariff acts 
of late years have contained no items under this designation. 

Whether ad valorem or specific duties are best for the 
interests of all concerned is a question which is much debated. 
Obviously, if schedules were always honestly sworn to by 



Customs Duties 



219 



Customs Duties 



importers, the ad valorem plan would be the fairer; but there 
is much temptation to defraud the Government by statements 
of under-valuation. Then, too,' importers frequently complain 
that the purchase of goods on a falling market abroad and an 
ad valorem levy at market rates upon entering home ports 
occasions injustice if the market price is higher than the pur- 
chase price. The chief objection to specific duties is that they 
do not discriminate between goods of a high quality and those 
of inferior manufacture. However, specific levies are more 
easily adjusted, and they offer less chance of fraud than any 
other plan that has ever been proposed. See Customs Duties, 
Present Schedule; Tariff. 

Customs Duties, Present Schedule. The following list 
gives the tariff rates under the Dingley Bill, the law now in force 
(1908) governing the collection of import duties. The abbre- 
viation n. s. p. signifies "not specially provided for." The 
amounts given in dollars and cents are specific and the per- 
centages are ad valorem duties : 



Agricultural implements, 20%, 

Alcohol, amyl or fusel oil, Jc lb. 

Animals, n. s. p., 20%; for breeding, free; 
cattle, less than 1 year old, $2 per 
head; value imder $14, $3.75 head; 
value over $14, 27^%; hogs, $1.50 
head; horses and mules, value under 
$150, $30 head; value over $150, 25%; 
sheep, 1 year or older, $1.50; under 1 
year, 75c head. 

Apples, green, 25c bu.; dried, 2c lb. 

Art, works of, such as paintings and 
statuary, 29%; by American artists, 
free. 

Bacon and hams, 5c lb. 

Barley, 30c bu. of 48 lbs.; malt, 45c bu. 

of 34 lbs. 
Barrels, casks, empty, 30%. 
Baskets, 35% to 60%. 
Beaded fabrics, not wool, 60%; wool, 

50c lb. and 60%. 
Beads, not strung, 35%; in jewelry, 60% 
Beans, edible, 45c bu. of 60 lbs. 
Beef, fresh, 2c lb. 
Bindings, 45% to 60%. 
Birds, free; dressed for ornaments, 50%. 
Biscuit and crackers, 20%. 



Blankets, 22c lb and 30%; value 40c to 
50c, 33c lb and 35%; value over 50c, 
33c and 40%; over 3 yards long, 33c 
to 44c lb. and 50% to 55%. 

Bone manufactures of, n. s. p., 30%. 

Books, pamphlets, 25%; printed 20 
years, free. 

Boots and shoes (leather), 25%, 

Bottles, glass, ornamented, 60%; plain, 
empty, Ic to IJc, but not less than 
40%. 

Braids, cotton, linen, rubber, silk, 60%; 
grass, straw, 30%. 

Bronze, manufactures, 45%. 

Brushes, 40%. 

Buggies, carriages, 45%. 

Butter and substitutes for, 6c lb. 

Buttons, sleeve and collar, gilt, 50%. 

Cameras, 45%. 

Canvas, sail, cotton, 35%. 

Carbons, for electric lights, 90c per 100; 
pots, 20%. 

Carpets, 2-ply ingrain, 18c square yard 
and 40%; Brussels, 44c square yard 
and 40%; Axminster, 60c square yard 
and 40%; Wilton, ditto; rugs, 5c to 
10c square yard and 35% to 40%, 



Customs Duties 



220 



Customs Duties 



Cement, Portland, hydraulic, 8c per 100 

lbs.; India rubber, etc., 20%. 
Charcoal, 20%. 
Cheese, 6c lb. 

Chemical compounds, n. s. p., 25%. 
China, plain, 55%; decorated, 60%. 
Chocolate and cocoa, value not over 15c 

lb., 2ic lb.; value 15c to 24c, 2Jc lb. 

and 10%; value 24c to 35c, 5c lb. and 

10%; value over 35c, 50%. 
Cigars, cigarettes, $4.50 lb. and 25%. 
Clocks, n. s. p., 40%. 
Clothing, cotton, 50%; fur, 35%; 

rubber, 30%; silk, 60%; wool, 44c lb.. 

and 60%. 
Coal, free; coke, 20%. 
Coffee, free. 
Combs, 35% to 60%. 
Copper, manufactures of, 45%; ingots, 

ores, free. 
Cork, bark, 8c lb.; manufactures, 25%. 
Corn, 15c bu. of 56 lbs. 
Cornstarch (food), 20%. 
Cotton, raw, free; cloth, from Ic to 8c 

square yard and 45%; duck, 35%; 

articles made of, without silk, 45%; 

with silk, 50%. 
Cotton-seed meal, 20%; oil, 4c gal. 
Cotton thread on spools, 6c doz. 

Diamonds, cut but not set, 10%; rough, 

free; set, 60%. 
Drugs, crude, free; refined or ground. 

iclb. and 10%. 
Dyewoods, crude, free; extracts, |c lb. 

Earthenware, plain, 25%; decorated, 

55 to 60%. 
Eggs, n. s. p., 5c doz. 
Embroideries, 60%. 
Engravings, 25%. 
Envelopes, plain, 20%; other, 35%. 

Fans, palmleaf, free; all other, 50%. 

Feathers, for beds, 15%; plain, 15%; 
colored, etc., 50%. 

Felt, roofing, 10%. 

Felts, not woven, n. s. p., 44c lb. and 
60%. 

FertiUzers, free. 

Fish, American fisheries, free; anchovies, 
sardines and the like, IJc to 10c per 
pkg., according to size; smoked, dried, 
fc lb.; haUbut, Ic lb.; herrings, 
pickled, Ic lb.; fresh, ^c lb.; lobsters 
free; mackerel, salmon, Ic lb. 

Flax, manufactures of, n. s. p., 45%. 



Flaxseed, 25c bu. of 56 lbs. 

Flour, wheat, 25%. 

Flowers, artificial, 50%. 

Eruits, groen, n. s. p., free; dried, 2c lb.; 

cherries, 25c bu.; cranberries, 25%; 

dates, ^c lb.; figs, 2c lb.; jellies, 35%; 

preserved, n. s. p., Ic lb. and 35%; 

prunes, 2c lb.; raisins, 2ic lb. 
Furniture, (wood), 35%. 
Fur, manufactures, n. s. p., 35%; skins, 

undressed, free. 

Glass, n. s. p., 45%; poUshed plate, from 
8c to 35c per square foot, according 
to size; polished and silvered, from 
Ale to 38c square foot; common 
window glass, 4|c to Ifc per square 
foot 

Glass, articles of, ornamented, 60%; 
manufactures, n. s. p., 45%. 

Gloves, cotton, 50%; fur, 35%; Unen, 
50%; leather, from $1.75 to $4.75 per 
doz. pairs, according to length. 

Glucose or grape sugar, l§c lb. 

Glue, less value than 10c lb., 2^c; over 
10c, 25%. 

Gold, manufactures, 45%; jewelry, 60%. 

Grass fibers, n. s. p., 45%. 

Gutta-percha, manufactures of, n. s. p.. 
35%. 

Hair, human, unmanufactured, 20%; 

manufactures of, 35%. 
Hats, caps, bonnets and hoods, from 

35% to 60%, according to material. 
Hay, $4 per ton. 
Hemp, hackled, $40 per ton; not 

hackled, $20, manufactures, n. s. p., 

45%. 
Hides, raw, 15%. 
Honey, 20c gal. 
Hops, 12c lb. 
Horn, manufactures, n. s. p., 30%. 

India rubber, manufactures of, n. s. p., 
30%; vulcanized, 35%. 

Ink, 25%. 

Iron and steel, common sheets, various 
specific rates, according to value per 
lb., average 45.43% ad val.; manu- 
factures of, n. s. p., 45%; beams, 
girders, etc., ic lb.; hoop, band or 
scroll, n. s. p., 5-lOc to 8-lOc lb.; 
round iron or steel wire, average 
40.22% ad val.; wire nails not less 
than 1 inch long, etc., Jc lb.; iron or 



Customs Duties 



221 



Customs Duties 



steel tubes, etc., 2c lb. or 35%; cast- 
iron pipe, 4- 10c lb.; rails, 7-20c lb. 
Ivory, unmanufactured, free; manufac- 
tured, 35%. 

Jet, manufactures of, n. s. p., 50%. 

Jewelry, 60%. 

Jute, manufactures of, n. s. p., 45% 

Knit wearing apparel, 60%. 

Knives, pocket, 40% to 20c each and 

40%, according to value; other knives, 

45%. 

Lace, articles of, n. s. p., 60%. 

Lamps, 45% to 60%. 

Lard, 2c lb. 

Laths, 25c per 1,000. 

Lead, manufactures of, n. s. p., 45%; 

in any form, n. s. p., 2ic lb. 
Leather, n. s. p., 20%; manufactures, 

n. s, p., 35%. 
Linen, manufactures, 45%; clothing, 

60%. 
Linseed, 25c bu. of 56 lbs.; meal, 20%; 

oil cake, free; oil, 20c gal. of 7i lbs. 
Liquors, ale, porter and beer, in bottles, 

40c gal.; brandy, n. s. p., $2.25 prf. 

gal.; cordials, whisky, gin, $2.25 prf. 

gal.; champagne and all sparkling 

wines, in bottles of 1 pint to 1 quart, 

$8 doz. 

Macaroni, etc., IJc lb. 

Manila cordage, Ic lb. 

Mantels, slate, 20%; marble, 50%; 
wood, 35%. 

Maple sirup, sugar, 4c lb. 

Marble, in blocks, 65c cub. ft.; manu- 
factures, n. s. p., 50%. 

Marmalade, Ic lb. and 35%. 

Matches, friction, 8c gross, in boxes of 
100 each; not in boxes, Ic per 1,000. 

Matting, floor, n. s. p., value not over 
10c square yard, 3c square yard; over 
10c, 7c square yard and 30%. 

Meats, prepared or preserved, n. s. p., 
25%; in carcasses, except beef, pork, 
mutton or poultry, 10%. 

Meerschaum, crude, free; pipes, 60%. 

Milk, fresh, 2c gal. 

Mineral waters, 20c to 30c doz. bottles. 

Mirrors, 45%. 

Molasses (see "Sugars"). 

Musical instruments, 45%. 

Mutton, fresh, 2c lb. 



Nails, cut, 6-lOc lb.; horseshoe, 2Jc lb.; 

wire, 1 inch and over, Jc lb. 
Naphtha, 20%. 

Needles, n. s. p., 25%; darning, free. 
Nickel, manufactures, 6c lb. 
Nuts, n. s. p., Ic lb.; almonds, not 

shelled, 4c lb.; shelled, 6c lb.; filberts, 

shelled, 5c lb.; not shelled, 3c lb.; 

walnuts, shelled, 5c lb.; not shelled, 

3c lb. 

Oats, 15c bu. 

Oilcloth, for floors, n. s. p., 8c square 

yard and 15%. 
Oils, n. s. p , 25%; castor, 35c gal.; cod 

liver, 15c gal.; olive, n. s. p., 40c gal. 
Onions, 40c bu. 
Opium, crude, $1 lb.; prepared for 

smoking, $6 lb. 
Ore, iron, 40c ton; lead bearing, IJc lb.; 

antimony, ground, 20%; other, free. 
Oysters, free. 

Paints, colors and pigments, n. s. p., 

30%. 
Palm leaf, manufactures, 30%. 
Paper, n. s. p., 25%; manufactures of, 

35%; boxes, 45%; photographic, 3c 

lb. and 10%; printing, 3-lOc lb. to 

15%; stock, crude, free. 
Paper, writing, from 2c lb. and 10% to 

3J-C and 25%. 
Pencils, lead, 45c gross and 25%. 
Pens, except gold, 12c gross. 
Pepper, unground, free; other, 2§c to 

3c lb. 
Perfumery, non-alcoholic, 50%; alcc- 

hoHc, 60c lb. and 45%. 
Pewter, manufactures of, 45%. 
Phosphorus, 18c lb. 
Photographic lenses, slides, negatives, 

45%; plates or films, 25%. 
Photographs, printed for more than 20 

years, free; on glass, 45%; paper, 25%. 
Pickles, n. s. p., 40%. 
Pins, not jewelry, 35%. 
Plants, nursery stock, n. s. p., 25%. 
Plaster, court, etc., 35%. 
Porcelain, 55% to 60%. 
Pork, fresh, 2c lb. 
Potatoes, 60 lbs. to bu., 25c. 
Poultry, live, 3c lb.; dressed, 5c lb. 
Powder, gun, 4c to 6c lb.; tooth, 50%. 
Precious stones, not set, 10%; set, 60%; 

imitations, not set, 20%. 



Customs Union 



222 



Customs Union 



Proprietary articles and medicines, 25% 

to 50%. 
Pulp wood, n. s. p. 35%; niechanically 

ground, l-12c lb. 

Rabbits, live, 20%; dressed, 10%. 
Rags, wool, 10c lb.; other, free. 
Railroad ties, wood, 20%. 
Rattan in rough, free; manufactured, 

10% to 35%. 
Reapers, 20%. 

Rice, cleaned, 2c lb.; uncleaned. IJc lb. 
Rubber boots and shoes, 44c lb. and 

60%. 
Rye, 10c bu. 

Salt, in bags, 12c per 100 lbs.; in bulk, 
8c per 100 lbs. 

Sausages, bologna, German, free; other, 
20% to 25%. 

Scissors, 15c doz. and 15% to 75c doz. 
and 25%. 

Screws, 4c to 12c lb. 

Seeds, n. s. p., 30%. 

Sewing machines, 35% to 45%. 

Shingles, 30c per 1,000. 

Silk, carded and combed, 40c lb.; manu- 
factures, 50%; appliqued articles, 
60%; cocoons, free; fabrics, from 50c 
lb., but not less than 50%, to $4.50 
lb., but not less than 50 %;laces,60%. 

Silver, manufactures, n. s. p., 45%; 
bullion, free. 

Skins, hide of cattle, 15%; of all kinds, 
n. s. p., free; bird, 15% to 50%. 

Slate, manufactures, n. s. p., 20%. 

Smokers' articles, n. s. p., 60%. 

Snuff, 55c lb. 

Soap, castile, lie lb.; fancy, 15c lb.; 
laundry, 20%. 

Spices, n. s. p., 3c lb. 

Sponges, 20%; manufactures, 40%. 

Starch, He lb. 

Stoves, 45%. 

Straw, manufactures, n. s. p., 30%; 
fibers, n. s. p., 45%; unmanufactured, 
$1.50 ton 

Sugars, not above No. 16 Dutch stand- 
ard, .95c lb.; above No. 16 Dutch 



standard, 1.95c lb.: molasses, 3c to 6c 
gal.; confectionery, n. s. p., value 15c 
or less per lb., 15%; value more than 
15c lb., 50%. 

Tallow, f c lb. 

Tea, free. 

Thread, cotton, on spools, 6c doz. 

Threshing machines, 20%. 

Tiles, plain, 4c square foot; ornamented, 
8c to 10c square foot and 25%. 

Tin, in bars or ore, free; in plates, IJc 
lb.; manufactures of, 45%, but not 
less than l|c lb. 

Tobacco, wrapper, unstemmed, $1.85 
lb.; stemmed, $2.50 lb.; filler, n. s. p., 
unstemmed, 35o lb.; stemmed, 50c 
lb.; all other manufactured or un- 
manufactured, n. s. p., 55c lb. 

Twine, binding, free; cotton, 45%; 
manila, 45%. 

Vegetables, n. s. p., 25%; preserved, n. 
s. p., 40%. 

Vinegar, 74c prf. gal. 

Waterproof cloth, 10c square yard, and 
20%. 

Wax, manufactures, n. s. p., 25%. 

Whalebone, manufactures, n. s. p., 30%. 

Wheat, 25c bu. 

Willow, manufactures, 40%. 

Wire, brass, copper, iron, steel, n. s. p., 
45%; rods, 4-lOc to fc lb. 

Wood, manufactures, n. s. p., 35%; all 
wood unmanufactured, n. s. p., 20%; 
sawed lumber, n. s. p., $2 per 1,000 
feet, board measure. 

Wool, first class, unwashed, lie lb.; 
washed, 22c lb., and scoured, 33c lb.; 
second class, washed or unwashed, 12c 
lb.; scoured, 36c lb.; wools of third 
class, 4c to 7c lb.; blankets, 2c lb. and 
30% to 44c lb. and 55%, according to 
value and size; manufactures, n. s. p., 
33c lb. and 50% to 44c and 55%. 
according to value; yarns, value not 
over 30c lb., 27ic lb. and 40%; value 
over 30c lb., 38ic lb. and 40%. 

Zinc, manufactures of, n. s. p., 45%. 



Customs Union, an agreement between nations, formally 
arranged by commercial treaty, which provides uniform arrange- 
ments for imposing and collecting customs duties. The United 
States has never been a party to such a plan. 



D 

Dark Horse, a political phrase, employed during and 
preceding political conventions. When a convention names a 
man for an office who was not prominently considered as a 
candidate, or even discusses such a person and his qualifica- 
tions, he is called a dark horse. 

Deadlock, a condition aiifjing from a division of power in 
a legislative body, by w/iich progress is blocked. To create 
a deadlock; it is not necessary always that the contending 
factions be evenly matched in point of numbers. Legislative 
rules frequently confer such privileges upon minorities that 
they can, by working in harmony, effectively halt opposing 
majorities and often defeat their plans. Most frequently, 
however, compromises are arranged between the contending 
forces. A deadlock also may result when in an election of 
officers in a legislative assembly neither party has sufficient 
votes to elect its candidates, and neither will yield points in 
favor of the other. When the two Houses of Congress or of 
a State Legislature cannot agree upon some matter demanding 
joint action, a deadlock ensues. Such a struggle is often 
quite bitter, but ends almost invariably in a compromise fairly 
satisfactory to all concerned. 

Debenture Bond. See Bond. 

Debt, Impkisonment for. See Imprisonment for Debt. 

Debt of the United States. A system of national indebted- 
ness was unknown to the world until about two hundred years 
ago. It originated in England out of the urgent financial 
stress following the Revolution of 1688, and was found to be 
an easily applied remedy for temporary financial stringency. 
Each great war Great Britain has waged has added to its 
burden of debt, until now (1908) the total has reached the 
vast sum of $3,859,620,745 in United States money, while the 
debts of Canada, India and Australia, for which the mother 
country is responsible, to a large degree, add over $2,000,000,000 
more. 

223 



Debt of the United States 



224 



Debt of the United States 



The national debt of the United States dates from the 
Revolutionary War; at the conclusion of that conflict we owed 
practically $75,000,000, which sum included State debts 
incurred in the war but assumed by the new Government. The 
Civil War plunged the Nation into obligations which totaled 
more than $2,773,236,000 in 1866. When the Federal Govern- 
ment borrows money it issues bonds which may be redeemed 
at a certain date, if desirable, but which must be redeemed 
at a fixed later time. Our Government bonds are the safest 
investment known, and every issue of them is speedily sub- 
scribed for, nearly always at a premium. The stability of 
these securities has gradually reduced their interest rate from 
about seven per cent to two and a half and three per cent 
per annum. 

The following statement shows what the indebtedness of 
our country was on January 1 of each year from 1791 to 1843, 
inclusive, and on July 1 of each year since then. In 1843, the 
beginning of the Government fiscal [q. v.] year was changed 
from January to July: 



Year. 


Amount. 


Year. 


Amount. 


Year. 


Amount. 


Year 


Amount. 


1791.. 


$75,463,476.52 


1821.. 


S89,987,427.66 


1850. . 


163,452,773.55 


1880. 


. $2,120,415,370.63 


1792.. 


77,227,924.66 


1822.. 


93,546,676.98 


1851.. 


68,304,796.02 


1881. 


. 2,069,013,569.58 


1793.. 


80,358,634.04 


1823.. 


90,875,877.28 


1852.. 


66,199,341.71 


1882. 


. 1,918,312,994.03 


1794.. 


78,427,404.77 


1824.. 


90,269,777.77 


1853. . 


59,803,117.70 


1883. 


. 1,884,171,728.07 


1795. . 


80,747,587.39 


1825.. 


83,788,332.71 


1854.. 


42,242,222.42 


1884. 


. 1,830,528,923.57 


1796. . 


83,762,172.07 


1826.. 


81,955,059.99 


1855. . 


35,586,956.56 


1885. 


. 1,863,964,873.14 


1797.. 


82,064,479.33 


1827.. 


73,987,357.20 


1856. . 


31,932,537.90 


,1886. 


. 1,775,063,013.78 


1798. . 


79,228,529.12 


1828. . 


67,475,043.87 


1857.. 


28,699,831.85 


'1887. 


. 1,657,602,592.63 


1799.. 


78,408,669.77 


1829.. 


58,421,413.67 


1858.. 


44,911,881.03 


1888. 


. 1,692,858,984,58 


1800. . 


82,976,294.35 


1830. . 


48,565,406.50 


1859-. . 


58,496,837.88 


■1889. 


. 1,610,052,922.23 


1801.. 


83.038,050.80 


1831.. 


39,123,191.68 


1860. . 


64,842,287.88 


,1890. 


. 1,552,140,204.73 


1802. . 


80,712,632.25 


1832.. 


24,322,235.18 


1861.. 


90,580,873.72 


!l891. 


. 1,545,996,591.61 


1803. . 


77,054,686.40 


1833. . 


7,001,698.83 


1862.. 


524,176,412.13 


11892. 


. 1,588,464,144.63 


1804.. 


86,427,120.88 


1834.. 


4,760,082.08 


1863. . 


1,119,772,138.63 


1893. 


. 1,545,985,686.13 


1805. . 


82,312,150.50 


1835.. 


33,733.05 


1864.. 


1,815,784,370.57 


1894. 


. 1,632,253,636.68 


1806.. 


75,723,270.66 


1836. . 


37,513.05 


1865.. 


2,680,647,869.74 


1895. 


. 1,676,120,983.25 


1807.. 


69,218,398.64 


1837.. 


336,957.83 


1866. . 


2,773,236,173.69 


1896. 


. 1,769,840,323.40 


1808.. 


65,196,317.97 


1838.. 


3,308,124.07 


1867.. 


2,678,126,103.87 


1897. 


. 1,817,672,665.90 


1809.. 


57,023,192.09 


1839.. 


10,434,221, 14 


1868.. 


2,611,687,851.19 


1898. 


. 1,796,531,995.90 


1810. . 


53,173,217.52 


1840. . 


3,573,343.32 


1869.. 


2,588,452,213.94 


1899. 


. 1,991,927,306.92 


1811.. 


48,005,587.76 


1841.. 


5,250,875.54 


1870. . 


2,480,672,427.81 


1900. 


. 2,136,961,091.67 


1812.. 


45,209,737.90 


1842.. 


13,594,480.73 


1871.. 


2,353,211,332.32 


1901. 


. 2,143,326,933.89 


1813. . 


55,962,827.57 


1843. . 


20,201,226.27 


1872.. 


2,253,251,328.78 


1902. 


. 2,158,610,445.89 


1814.. 


81,487,846.24 


1843.. 


32,742,922.00 


1873. . 


2,234,482,993.20 


1903. 


. 2,202,464,781.89 


1815. . 


99,833,660.15 


1844.. 


23,461,652.50 


1874.. 


2,251,690,468.43 


1904. 


. 2,264,003,585.14 


1816. . 


127,334,933.74 


1845.. 


15,925,303.01 


1875. . 


2,232,284,531.95 


1905. 


. 2,274,615,063.84 


1817,. 


123,591,965.16 


1846. . 


15,550,202.97 


1876. . 


2,180,395,067.15 


11906. 


. 2,337,161,839.04 


1818.. 


103,466,633.83 


1847.. 


38,826,534.77 


1877.. 


2,205,301,392.10 


1907. 


. 2,457,188,061.54 


1819 


95,529,648 28 


1848 


47 044 862 23 


1878 


2 256 205 892 53 


1908 




1820 


91,015,566.15 


1849.. 


63,061,858.69 


1879.. 


2;340,567,232.04 


1909 









Declaration in Lieu of Oath 225 Declaration of Colonial Rights 

Declaration in Lieu of Oath. The religious views of some 
persons make the usual form of oath, "So help me God," 
extremely objectionable, and the Constitution, in spirit, if not 
in letter, protects one in his refusal to subscribe to such an 
oath. In such case an unsworn statement, before a competent 
officer, that the person will tell the truth and nothing but the 
truth in the testimony he maybe called upon to give, is accepted 
in any court. Under the common law of England only persons 
declaring their belief in God could testify, as the usual form 
of oath was considered necessary to bind a witness. Modern 
statutes in all countries permit every class of citizens and 
subjects to qualify as witnesses, regardless of their religious 
opinions. The legal effect of a declaration in lieu of an oath 
is the same as when the usual form is used, and a violation 
of such formal declaration is perjury. See Oath. 

Decentralization, a term now little used, but once a political 
issue. By decentralization is meant a strict construction of 
the Constitution, by which the Federal power is limited and 
the power of the individual States increased. The opponents 
of this idea construed the Constitution broadly and argued 
in favor of centralizing the greatest possible power in the hands 
of the general Government. See Construction of the 
Constitution. 

Declaration of Colonial Rights. In the First Colonial 
Congress, in 1774, a committee of two from each colony was 
named to frame and report a declaration embodying the rights 
of the colonies, the same to be sent respectfully to the English 
Parliament. This Declaration demanded that the English 
dependencies in America be accorded (1) their natural rights; 
(2) all the rights, liberties and immunities to which- any free- 
born Englishman was entitled. It further was declared that 
by emigration to America their ancestors had lost none of 
their rights and that these were the inheritance of their 
descendants; that the foundation of all free governments is 
in the right of the people to participate in legislation; that 
inasmuch as the colonists were excluded from representation 
in the British Parliament, they were entitled to the exclusive 



Declaration of Colonial Rights 226 Declaration of Colonial Rights 

power of legislation in their several provinces; that they were 
entitled to the benefits of the practice of the common law of 
England, and especially to the privilege of being tried by 
juries of their peers in their own community, and not suffer 
deportation to England to be tried on strange soil. The 
right peacefully to assemble, state their grievances, and 
petition the king without interference from royal governors 
was also demanded; the custom of keeping a standing army 
in any colony, contrary to the consent of the people, was 
denounced. Lastly, the privilege of the king to appoint 
counsellors from among the colonists and revoke their authority 
at will was condemned. The full text of the Declaration 
follows: 

Whereas, since the close of the last war, the British Parhament claim- 
ing a power of right to bind the people of America by statutes in all cases 
whatsoever, hath, in some acts, expressly iinposed taxes on them, and in 
others, under various pretenses, but in fact for the purpose of raising a 
revenue, hath imposed rates and duties payable in the colonies, established 
a board of commissioners, with unconstitutional powers, and extended the 
jurisdiction of courts of admiralty, not only for collecting the said duties, 
but for the trial of causes merely arising within the body of a country. 

And whereas, in consequence of other statutes, judges, who before 
held only estates at will in their offices, have been made dependent on the 
crown alone for their salaries, and standing armies kept in times of peace; 
And whereas it has lately been resolved in Parliament, that by force of a 
statute, made in the thirty-fifth year of the reign of King Henry the Eighth, 
colonists may be transported to England, and tried there upon accusations 
for treasons and misprision, or concealments of treasons committed in the 
colonies, and by a late statute, such trials have been directed in cases 
therein mentioned. 

And whereas, in the last session of Parliament, three statutes were 
made; one entitled an "Act to discontinue in such manner and for such 
"time as are therein mentioned, the landing and discharging, lading, or 
"shipping of goods, wares and merchandise, at the town, and within the 
"harbour of Boston, in the province of Massachusetts Bay, in North 
"America"; another, entitled "An act for the impartial administration 
"of justice, in the cases of persons questioned for any act done by them in 
"the execution of the law, or for the suppression of riots and tumults, in 
"the province of the Massachusetts-Bay, in New England"; and another 
statute was then made "for making more effectual provision for the gov- 
"ernment of the province of Quebec, etc." AH which statutes are impolitic, 



Declaration of Colonial Rights 227 Declaration of Colonial Rights 

unjust and cruel, as well as unconstitutional, and most dangerous and 
destructive of American rights. 

And whereas, assemblies have been frequently dissolved, contrary 
to the rights of the people, when they attempted to deliberate on griev- 
ances; and their dutiful, humble, loyal, and reasonable petitions to the 
crown for redress, have been repeatedly treated with contempt by his 
majesty's ministers of state: 

The good people of the several colonies of New Hampshire, Massa- 
chusetts Bay, Rhode Island and Providence Plantations, Connecticut, 
New York, New Jersey, Pennsylvania, New Castle, Kent, and Sussex, on 
Delaware, Maryland, Virginia, North Carolina and South Carolina, justly 
alarmed at these arbitrary proceedings of Parliament and administration, 
have severally elected, constituted, and appointed deputies to meet, and 
sit in General Congress, in the city of Philadelphia in order to obtain such 
establishment as that their religion, laws, and liberties, may not be sub- 
verted. Whereupon the deputies so appointed being now assembled, in 
a full and free representation of these colonies, taking into their most 
serious consideration, the best means of attaining the ends aforesaid, do, 
in the first place, as Englishmen, their ancestors in like cases have usually 
done, for effecting and vindicating their rights and liberties DECLARE, 

That the inhabitants of the English colonies in North America, by 
the immutable laws of nature, the principles of the English constitution, 
and the several charters or compacts, have the following RIGHTS: 

Resolved, N. C. D.* 1. That they are entitled to life, liberty, and 
property, and they have never ceded to any sovereign power whatever, a 
right to dispose of either without their consent. 

Resolved, N. C. D. 2. That our ancestors, who first settled these 
colonies, were at the time of their emigration from the mother country, 
entitled to all the rights, liberties, and immunities of free and natural-born 
subjects, within the realm of England. 

Resolved, N. C. D. 3. That by such emigration they by no means 
forfeited, surrendered, or lost any of these rights, but that they were, and 
their descendants now are, entitled to the exercise and enjoyment of all 
such of them, as their local and other circumstances enable them to exer- 
cise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of all free 
government, is a right in the people to participate in their legislative 
council; and as the English colonists are not represented, and from their 
local and other circumstances, cannot properly be represented in the 
British Parliament, they are entitled to a free and exclusive power of 
legislation in their several provincial legislatures, where their right of 
representation can alone be preserved, in all cases of taxation and internal 
polity, subject only to the negative of their sovereign, in such manner as 
has been heretofore used and accustomed. But, from the necessity of 



Declaration of Colonial Rights 228 Declaration of Colonial Rights 

the case, and a regard to the mutual interest of both countries, we cheer- 
fully consent to the operation of such acts of the British Parliament, as 
are bona fide, restrained to the regulation of our external commerce, for 
the purpose of securing the commercial advantages of the whole empire 
to the mother country, and the commercial benefits of its respective mem- 
bers; excluding every idea of taxation internal or external, for raising a 
revenue on the subjects in America, without their consent. 

Resolved, N. C. D. 5. That the respective colonies are entitled to 
the common law of England, and more especially to the great and ines- 
timable privilege of being tried by their peers of the vicinage, according 
to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of the 
English statutes, as existed at the time of their colonization; and which 
they have, by experience, respectively found to be applicable to their 
several local and other circumstances. 

Resolved, N. C. D. 7. That these, his majesty's colonies, are like- 
wise entitled to all the immunities and privileges granted and confirmed 
to them by royal charters, or secured by their several codes of provincial 
laws. 

Resolved, N. C. D. 8, That they have a right peaceably to assemble, 
consider of their grievances, and petition the King; and that all prosecu- 
tions, prohibitory proclamations and commitments for the same, are 
illegal. 

Resolved, N. C. D. 9. That the keeping a standing army in these 
colonies, in times of peace, without the consent of the legislature of that 
colony, in which such army is kept, is against law. 

Resolved, N. C. D. 10. It is indispensably necessary to good gov- 
ernment, and rendered essential by the English constitution, that the con- 
stituent branches of the legislature be independent of each other; that, 
therefore, the exercise of legislative power in several colonies, by a council 
appointed, during pleasure, by the crown, is unconstitutional, dangerous 
and destructive to the freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of themselves, 
and their constituents, do claim, demand and insist on, as their indubit- 
able rights and liberties; which cannot be legally taken from them, altered 
or abridged by any power whatever, without their own consent, by their 
representatives in their several provincial legislatures. 

In the course of our inquiry, we find many infringements and viola- 
tions of the foregoing rights, which from an ardent desire, that harmony 
and mutual intercourse of affection and interest may be restored, we pass 
over for the present, and proceed to state such acts and measures as have 
been adopted since the last war, which demonstrate a system formed to 
enslave America. 



Declaration of Colonial Rights 229 Declaration of Colonial Rights 

Resolved, N. C. D. That the following acts of Parliament are in- 
fringements and violations of the rights of the colonists; and that the re- 
peal of them is essentially necessary, in order to restore harmony between 
Great Britain and the American colonies, viz.: 

The several acts of 4 Geo, III., ch. 15, and ch. 34. — 5 Geo. III., ch. 
25.-6 Geo. III.,ch. 52.-7 Geo. Ill.,ch. 41 and ch. 46.-8 Geo. III.,ch. 
22, which impose duties for the purpose of raising a revenue in America, 
extend the power of the admiralty courts beyond their ancient limits, 
deprive the American subject of trial by jury, authorize the judges' cer- 
tificate to indemnify the prosecutor from damages, that he might other- 
wise be liable to, requiring oppressive security from a claimant of ships 
and goods seized, before he shall be allowed to defend his property, and 
are subversive of American rights. 

Also 12 Geo. III., ch. 24, entitled "An act for the better securing his 
majesty's dockyards, magazines, ships, ammunition and stores," which 
declares a new offence in America, and deprives the American subject of a 
constitutional trial by jury of the vicinage, by authorizing the trial of any 
person, charged with the committing any offence described in the said act, 
out of the realm, to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of Parliament, for 
stopping the port and blocking up the harbor of Boston, for altering the 
charter and government of Massachusetts Bay, and that which is entitled 
"An act for the better administration of justice," etc. 

Also the act passed in the same session for establishing the Roman 
Catholic religion, in the province of Quebec, abolishing the equitable 
system of English laws, and erecting a tyranny there, to the great danger 
(from so total a dissimilarity of religion, law and government) of the 
neighboring British colonies, by the assistance of whose blood and treasure 
the said country was conquered from France. 

Also, the act passed in the same session, for the better providing 
suitable quarters for officers and soldiers in his majesty's service, in North 
America. 

Also, that the keeping a standing army in several of these colonies, 
in time of peace, without the consent of the legislature of that colony, in 
which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot submit, but 
in hopes their fellow-subjects in Great Britain will, on a revision of them, 
restore us to that state, in which both countries found happiness and 
prosperity, we have for the present, only resolved to pursue the following 
peaceable measures: 

1. To enter into a non-importation, non-consumption, and non- 
exportation agreement or association. 



Declaration of Independence 230 Declaration of Independence 

2. To prepare an address to the people of Great Britain, and a 
memorial to the inhabitants of British America; and 

3. To prepare a loyal address to his majesty, agreeable to resolu- 
tions already entered into. 

Adopted by the second Continental Congress. 
*N. C. D. Nemine contradicente (Lat.) no one speaking in opposi- 
tion; namely, unanimously, often abbreviated nem. con. 

The British Government's receipt of the Declaration was 
answered by repressive measures more drastic than any hitherto 
ordered, and far-seeing patriots clearly felt the necessity of 
early resort to arms. See Colonial Congress. 

Declaration of Independence, the document through which 
the thirteen colonies of Great Britain in America announced 
their independence of the mother country. When the war 
clouds of the Revolution began to gather, there was little 
thought of separation from England, except probably in the 
minds of those gifted with unusual political sagacity. Such a 
sentiment spread rapidly, however, when the oppressor showed 
no inclination towards moderation, and on June 7, 1776, 
Richard Henry Lee introduced into the Continental Congress, 
sitting at Philadelphia, the epoch-making resolution — 

"That these United Colonies are, and of right ought to be, free and 
independent States; that they are absolved from all allegiance to the 
British Crown, and that all political connection between them and the 
State of Great Britain is, and ought to be, totally dissolved." 

These resolutions were seconded by John Adams and laid 
on the table until June 10, when a committee was appointed 
"to prepare a declaration to the effect of the first said reso- 
lution," The names of future illustrious Americans appeared 
on the roster of that important committee; Thomas Jefferson 
was its chairman, and fellow-members included such men as 
John Adams, Benjamin Franklin, Robert Morris and Richard 
Henry Lee. Every colony was accorded representation. The 
committee reported on June 28, the Declaration was taken 
up for debate on July 1, and on July 4 it passed Congress and 
was published to the world. 

In its finally accepted form, the Declaration of Inde- 
pendence is shorter than reported by the committee, several 



Declaration of Independence 231 Declaration of Independence 

amendments having been made before the final vote was taken. 
A comparison of the two drafts will be of interest: 

AS REPORTED BY THE COMMITTEE, 

When, in the course of human events, it becomes necessary for one people to 
dissolve the political bands which have connected them with another, and to assume, 
among the powers of the earth, the separate and equal station to which the laws of 
nature and of nature's God entitle them, a decent respect to the opinions of mankind 
requires that they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident; that all men are created equal; that 
they are endowed by their Creator with inherent and inaUenable rights; that among 
these are life, hberty and the pursuit of happiness; that, to secure these rights, 
governments are instituted among men, deriving their just powers from the consent 
of the governed; that, whenever any form of government becomes destructive of these 
ends, it is the right of the people to alter or to abolish it, and to institute new govern- 
ment, laying its foundation on such principles, and organizing its powers in such 
form, as to them shall seem most likely to effect their safety and happiness. Pru- 
dence, indeed, will dictate, that governments, long established, should not be changed 
for light and transient causes. And, accordingly, all experience hath shown that 
mankind are more disposed to suffer, while evils are sufferable, than to right them- ' 
selves by abolishing the forms to which they are accustomed. But when a long train 
of abuses and usurpations, begun at a distinguished period, and pursuing invariably 
the same object, evinces a design to reduce them under absolute despotism, it is 
their right, it is their duty, to throw off such government, and to provide new guards 
for their future security. Such has been the patient sufferance of these colonies; 
and such is now the necessity which constrains them to expunge their former systems 
of government. The history of the present King of Great Britain is a history of 
unremitting injuries and usurpations; among which appears no sohtary fact to 
contradict the uniform tenor of the rest; but all have, in direct object, the establish- 
ment of an absolute tyranny over these states. To prove this, let facts be submitted 
to a candid world; for the truth of which we pledge a faith yet unsullied by falsehood. 

He has refused to assent to laws the most wholesome and necessary for the 
public good. 

He has forbidden his governors to pass laws of immediate and pressing import- 
ance, unless suspended in their operation till his assent should be obtained; and 
when so suspended, he has neglected utterly to attend them. 

He has refused to pass other laws for the accommodation of large districts of 
people, unless the people would relinquish the right of representation in the Legis- 
lature; a right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable, 
and distant from the repository of their public records, for the sole purpose of fatigu- 
ing them into compliance with his measures. 

He has dissolved representative houses repeatedly and continually, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others to be 
elected, whereby the legislative powers, incapable of annihilation, have returned 
to the people at large for their exercise, the state remaining in the meantime exposed 
to all the dangers from without and convulsions within. 

He has endeavored to prevent the population of these states: for that purpose 
obstructing the laws for naturaUzation of foreigners: refusing to pass others to 
encourage their migrations hither; and raising the conditions of new appropriations 
of lands. 

He has suffered the administration of justice totally to cease in some of theaa 
states, refusing his assent to laws for establishing judiciary powers. 



Declaration of Independence 232 Declaration of Independence 



He has made our judges dependent on his will alone, for the tenure of their 
offices and the amount and payment of their salaries. 

He has erected a multitude of new offices by a self assumed power, and sent 
hither swarms of officers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies and ships of war, 
without the consent of our Legislatures. 

He has affected to render the military independent of, and superior to, the civil 
power. 

He has combined with others to subject us to a jurisdiction foreign to our 
constitutions, and unacknowledged by our laws; giving his assent to their acts of 
pretended legislation: 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for any murders which 
they should commit on the inhabitants of these states; 

For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us of the benefits of trial by jury; 

For transporting us beyond the seas to be tried for pretended offenses; 

For aboHshing the free system of EngHsh laws in a neighboring province, 
estabUshing an arbitrary government, and enlarging its boundaries so as to render 
it at once an example and fit instrument for introducing the same absolute rule into 
these states; 

For taking away our charters, abolishing our most valuable laws, and altering 
fundamentally the forms of our governments; 

For suspending our own Legislatures, and declaring themselves invested with 
power to legislate for us in all cases whatsoever. 

He has abdicated government here, withdrawing his governors, and declaring 
us out of his allegiance and protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burned our towns, and destroyed 
the lives of our people. ^ 

He is at this time transporting large armies of foreign mercenaries to complete 
the works of death, desolation, and tyranny, already begun with circumstances of 
cruelty and perfidy unworthy the head of a civilized nation. 

He has endeavored to bring on the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of warfare is an undistinguished destruction of 
all ages, sexes, and conditions of existence; he has excited treasonable insurrections 
of our fellow-citizens with the allurements of forfeiture and confiscation of our 
property. 

He has constrained others, taken captive on the high seas, to bear arms against 
their country, to become the executioners of their friends and brethren, or to fall 
themselves by their hands. 

He has waged cruel war against human nature itself, violating its most sacred 
rights of fife and liberty in the persons of a distant people, who never offended him, 
captivating and carrying them into slavery in another hemisphere, or to incur miser- 
able death in their transportation thither. This piratical warfare of the infidel 
powers, is the warfare of the Christian King of Great Britain. Determined to 
keep open a market where men should be bought and sold, he has prostituted his 
negative for suppressing every legislative attempt to prohibit or to restrain this 
execrable commerce. And that this assemblage of horrors might want no fact 
of distinguished dye, he is now exciting these very people to rise in arms among us, 
and to purchase that liberty of which he has deprived them by murdering the people 
upon whom he obtruded them; thus paying off former crimes committed against 
the Liberties of one people with crimes which he urges them to commit against 
the Lives of another. 



Declaration of Independence 233 Declaration of Independence 



In every stage of these oppressions we have petitioned for redress in the most 
humble terms: our repeated petitions have been answered only by repeated injury. 
A prince whose character is thus marked by every act which may define a tyrant, 
is unfit to be the ruler of a people who mean to be free. Future ages will scarce 
beheve that the hardiness of one man adventured, within the short compass of twelve 
years only, to build a foundarfbn so broad and undisguised, for tyranny over a people 
fostered and fixed in principles of freedom. 

Nor have we been wanting in attentions to our British brethren. We have 
warned them, from time to time, of attempts by their Legislature to extend a juris- 
diction over these our States. We have reminded them of the circumstances of our 
emigration and settlement here, no one of which could warrant so strange a preten- 
sion; that these were effected at the expense of our own blood and treasure, unassisted 
by the wealth or the strength of Great Britain; that in constituting, indeed, our 
several forms of government, we have adopted one common King, thereby laying 
a foundation for a perpetual league and amity with them; but that submission 
to their Parliament was no part of our Constitution, nor ever in idea, if history may 
be credited; and we appealed to their native justice and magnanimity, as well as 
to ties of our common kindred, to disavow these usurpations, which were likely to 
interrupt our connection and correspondence. They too have been deaf to the voice 
of justice and of consanguinity; and when occasions have been given them, by the 
regular course of their laws, of removing from their councils the disturbers of our 
harmony, they have, by their free election, re-estabUshed them in power. At this 
very time, too, they are permitting their chief magistrate to send over, not only 
soldiers of our common blood, but [Scotch and] foreign mercenaries to invade and 
destroy us. These facts have given the last stab to agonizing affection, and manly 
spirit bids us to renounce forever these unfeeling brethren. We must endeavor to 
forget our former love for them; we must, therefore, acquiesce in the necessity 
which denounces our separation, and hold them, as we hold the rest of mankind, 
enemies in war; in peace, friends. 

We might have been a free and great people together; but a communication 
of grandeur and of freedom, it seems, is below their dignity. Be it so, since they will 
have it. The road to happiness and to glory is open to us too; we will climb It 
apart from them, and acquiesce in the necessity which denounces our eternal separa- 
tion. 

We, therefore, the representatives of the United States of America, in general 
Congress assembled, appealing to the Supreme Judge of the world for the rectitude 
of our intentions, do, in the name, and by the authority of the good people of these 
States, reject and renounce all allegiance and subjection to the Kings of Great Britain, 
and all others who may hereafter claim by, through, or under them; we utterly 
dissolve all political connections which may heretofore have subsisted between 
us and the Parhament or people of Great Britain; and, finally, we do assert the 
colonies to be free and independent States; and that, as free and independent States, 
they have full power to levy war, conclude peace, contract alliances, estabhsh com- 
merce, and to do all other acts and things which independent States may of right 
do. And for the support of this declaration, we mutually pledge to each other our 
lives, our fortunes, and our sacred honor. 

AS ADOPTED BY THE CONGRESS. 

When, in the course of human events, it becomes necessary for one people 
to dissolve the pohtical bands which have connected them with another, and to 
assume, among the powers of the earth, the separate and equal station to which the 
laws of nature and nature's God, entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes which impel them to the 
separation. 

We hold these truths to be self-evident — that all men are created equal; that 
they are endowed by their Creator with certain inalienable rights; that among tbese 



Declaration of Independence 234 Declaration of Independence 



are life, liberty and the pursuit of happiness. That, to secure these rights, govern- 
ments are instituted among men, deriving their just powers from the consent of the 
governed; that, whenever any form of government becomes destructive of these ends, 
it is the right of the people to alter or abolish it, and to institute a new government 
laying its foundations on such principles, and organizing its powers in such form, as 
to them shall seem most likely to effect their safety and happiness. Prudence, 
indeed, will dictate that governments, long established should not be changed for 
light and transient causes; and, accordingly, all experience hath shown that mankind 
are more disposed to suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But when a long train of abuses 
and usurpations, pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, to throw off such 
government, and to provide new guards for their future security. Such has been 
the patient sufferance of these colonies; and such is now the necessity which con- 
strains them to alter their former systems of government. The history of the present 
King of Great Britain is a history of repeated injuries and usurpations, all having 
in direct object the estabhshment of an absolute tyranny over these states. To 
prove this, let facts be submitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary for the 
pubhc good. 

He has forbidden his governors to pass laws of immediate and pressing import- 
ance, unless suspended in their operations till his assent should be obtained; and, 
when so suspended, he has utterly neglected to attend them. 

He has refused to pass other laws for the accommodation of large districts of 
people, unless these people would relinquish the right of representation in the Legis- 
lature — a right inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable and 
stant from the repository of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing with manly 
firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others to be 
elected; whereby the legislative powers, incapable of annihilation, have returned to 
the people at large for their exercise; the state remaining in the mean time, exposed 
to all the dangers of invasion from without and convulsions within. 

He has endeavored to prevent the population of these states; for that purpose 
obstructing the laws for the naturalization of foreigners; refusing to pass others to 
encourage their migration hither, and raising the conditions of new appropriations of 
lands. 

He has obstructed the administration of justice, by refusing his assent to laws 
for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of their 
offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of officers, 
to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the consent 
of our Legislatures. 

He has affected to render the military independent of, and superior to, the civil 
power. 

He has combined with others to subject us to a jurisdiction foreign to our 
constitutions and unacknowledged by our laws; giving his assent to their acts of 
pretended legislation: 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for any murders which 
they should commit on the inhabitants of these states; 



Decoration Day 235 Decree 



For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefits of trial by jury; 

For transporting us beyond seas, to be tried for pretended offenses; 

For abolishing the free system of English laws in a neighboring province, estab- 
lishing therein an arbitrary government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing the same absolute rule into 
these colonies; 

For taking away our charters, abolishing our most valuable laws, and altering, 
fundamentally, the forms of our governments; 

For suspending our own Legislatures, and declaring themselves invested with 
power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protection, and 
waging war against us. 

He has plundered our seas, ravaged our coasts, burned our towns, and destroyed 
the lives of our people. 

He is at this time transporting large armies of foreign mercenaries, to complete 
the works of death, desolation, and tyranny, already begun with circumstances of 
cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally 
unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high seas, to bear 
arms against their country, to become the executioners of their friends and brethren, 
or to fall themselves by their hands. 

He has excited domestic insurrection among us, and has endeavored to bring 
on the inhabitants of our frontiers the merciless Indian savages, whose known rule 
of warfare is an undistinguished destruction of all ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for redress in the most 
humble terms; our repeated petitions have been answered only by repeated injury. 
A prince whose charter is thus marked by every act which may define a tyrant is 
unfit to be the ruler of a free people. 

Nor have we been wanting in our attentions to our British brethren. We have 
warned them, from time to time, of attempts by their Legislature to extend an 
unwarrantable jurisdiction over us. We have reminded them of the circumstances 
of our emigration and settlement here. We have appealed to their native justice 
and magnanimity and we have conjured them by the ties of our common kindred, 
to disavow these usurpations, which would inevitably interrupt our connections and 
correspondence. They, too, have been deaf to the voice of justice and of consan- 
guinity. We must, therefore, acquiesce in the necessity which denounces our separation 
and hold them as we hold the rest of mankind — enemies in war — in peace, friends. 

We, therefore, the representatives of the United States of America, in general 
Congress assembled, appealing to the Supreme Judge of the world for the rectitude 
of our intentions, do, in the name, and by the authority of the good people of these 
colonies, solemnly pubUsh and declare that these united colonies are, and of right 
ought to be, free and independent States; that they are absolved from all allegiance 
to the British crown, and that all political connection between them and the State 
of Great Britain is, and ought to be, totally dissolved; and that, as free and inde- 
pendent States, they have full power to levy war, conclude peace, contract alliances, 
establish commerce, and to do all other acts and things which independent States 
may of right do. And for the support of this Declaration, with a firm reUance on 
the protection of Divine Providence, we mutually pledge to each other our lives, our 
fortunes and our sacred honor. 

Decoration Day. See Memorial Day. 
Decree, a formal order issued by a person or body of men 
empowered with sufficient authority, determining what is to 



Deed 236 Deed 

be done in a certain matter; more commonly, a decision, 
sentence, order or judgment issued by a court or magistrate, 
from whose mandate, however, there is usually the right of 
appeal to higher judicial authority. See Appeal. 

Deed. A deed is a written document proclaiming an 
absolute, unconditional conveyance of lands, tenements or 
hereditaments, for a good or valuable consideration, from one 
person, the lawful owner, to a purchaser called the grantee, 
who by the transfer holds the property thereafter in his own 
right, subject to no superior and to no conditions. There are 
two common forms of deeds, the warranty deed and the quit- 
claim deed. In the former, the grantor guarantees to the 
purchaser "that at the time of the ensealing and delivery of 

these presents he is lawful owner of the premises 

above conveyed, free and clear of all encumbrances, and that 
the premises thus conveyed to the quiet and peaceable pos- 
session of the said party of the second part, his heirs and 
assigns, he will forever warrant and defend against any person 
whomsoever claiming the same or any part thereof.'^ It is 
evident, therefore, that the person receiving a warranty deed 
is given a guarantee that the seller of the property assumes 
the burden of defending its title if said title is ever put in 
question. On the other hand, a quitclaim deed conveys no 
absolute defense of title. The seller proclaims himself owner 
of the property, to his best knowledge, and the deed conveys 
the grantor's title, be it good or bad, but it does not specifically 
declare that he has a good and proper title. The quitclaim 
deed, therefore, is simply a transfer of such claims as the 
grantor holds, and the grantee himself assumes the whole 
burden of protecting the title to his new possessions. The 
following facts are essential to the validity of a deed : 

A deed must be written, and sealed, signed and witnessed in accord- 
ance with the provisions of the law of the State in which it is made, and 
must conform to the law of the place where the property is situated. 

To legally deed property there must be a consideration; the grantor, 
or maker of the deed, must be the rightful owner, and both parties to the 
contract must be of legal age and of sound mind. 



De Facto 237 Delaware 

If the grantor has a wife her signature and acknowledgment are 
necessary, even in the absence of a statute to that effect. In the case of a 
deed to a homestead the wife's failure to acknowledge makes the deed void, 
while, in any case, her failure to acknowledge entitles her, after her hus- 
band's death, to claim the use of one-third of the property during her life. 
A wife's acknowledgment must also be of her own free will, and the officer 
before whom the document is acknowledged must certify to this fact. 

A deed made by several grantors should be acknowledged by each 
party to the contract; when made by an attorney the power of attorney 
should be acknowledged by the principal. 

A deed to be effectual as to third parties must be recorded upon 
acknowledgment of its execution. 

When a State or Territory prescribes a certain form to be followed 
in the acknowledgment of deeds it is advisable to comply with the pro- 
visions of the statutes. 

De Facto, a Latin term, meaning actually or really existing, 
or clone. A de facto government is one existing and recognized 
as performing the functions of government, regardless of its 
legal right to existence. The word is the opposite of de jure, 
which see. 

Deficiency Bill, a bill introduced into Congress or a State 
Legislature to provide for necessary additional expenditures 
of money for certain specified objects, the original appropria- 
tions for which were insufficient, or for which no appropriation 
was made in the original bill. See Appropriations. 

De Jure, a Latin term, meaning rightfully or legally, or by 
right of law and legal precedence. A de jure government is 
one organized strictly in conformity with law, whose operations 
are sanctioned by the legality of its organization. The word 
is the opposite of de facto, which see. 

Delaware, one of the original Thirteen Colonies, and one 
of the first thirteen States of the Union. It was settled by the 
Dutch in 1631, to which were added Swedish settlements by 
1638; in 1664 it fell into the hands of the English, by whom it 
was owned until declared an independent State in 1776. 
Delaware's northern boundary is circular in form, accounted 
for as follows: 

After William Penn had obtained his grant to Pennsylvania, he was 
desirous of owning the land on the west bank of the Delaware to the sea. 




Delegate 238 Delegate 

He therefore procured from the Duke of York a release of his title to New 
Castle and twelve miles around it, and to the land between that tract and 
the sea. A line that was the arc of a circle, with a radius of twelve miles, 
was then projected from New Castle as a center. When the ' 'three lower 
counties on the Delaware" became a State, this circular boundary was 
retained. 

Government. Delaware has a new Constitution, adopted 
in 1897. It is difficult to amend. A proposed amendment 
must be voted for by two-thirds of each 
House, entered upon the legislative re- 
cords, and published in each county of 
the State. The Legislature which 
meets two years thereafter votes again 
upon the proposition, and if this time 
it receives a two-thirds' vote, the 
amendment is adopted. The Executive 
Department consists of the Governor, 

_. , , „ , ^ ^ STATE SEAL OF DELAWARE. 

Lieutenant-Governor, Attorney-Gen- 
eral, and Insurance Commissioner, elected by the people 
for four years, and a Secretary of State, who is appointed 
by the Governor for two years. The Governor is empowered 
to remove any officer except the Lieutenant-Governor and 
members of the Legislature, when requested to do so by a 
two-thirds' vote of each House. The Legislative Department 
consists of a Senate of seventeen members elected for four 
years, and a House of Representatives of thirty-five members, 
chosen for two years. The sessions are biennial, and members 
receive a remuneration of five dollars per day for each day 
of regular sessions, for a term not exceeding sixty days; no 
compensation is allowed beyond the sixty-day limit. The 
Judicial power is vested in a Supreme Court and Courts of 
Chancery, General Sessions and Register's Court. The Judges 
of the courts below the Supreme Court are appointed by the 
Governor and Senate for terms of twelve years. 

Delegate. [1] The highest sense in which the word is 
used is in connection with a Territory's representation in the 
Congress of the United States. Each organized Territory is 
entitled to one representative in the House of Representatives, 



Democracy 239 Democracy 

but it has no representation in the Senate. The person serving 
as such representative is elected by the voters of the Territory 
and is given the official title of Delegate in Congress. The 
Delegate is given a regular seat in the House; he is clothed 
with power to speak on matters pertaining to his Territory, 
but he has no voice upon any other public questions. He has 
no vote, even upon matters affecting the welfare of his Terri- 
tory; he is given committee assignments, in the discretion of 
the Speaker. His term of office is two years, the same as that 
of a Representative. 

[2] Any person appointed and sent by another or by 
others, with power to act for them in any specified capacity; 
as, an appointee by nomination or election to represent the 
voigrs of a ward, a county or a State in a convention. 

r Democracy. In the strictest sense a democracy is a 
country governed directly by all of its citizens, who en masse 
pass all laws for their guidance and give directions for their 
proper enforcement. Such a Government is in every respect 
a "government by the people," but that condition of political 
control is possible only in countries of limited area, where all 
voters may meet together without great physical exertionj 
There is at present (1908) but one pure democracy in the 
world, the Republic of Andora, lying between France and 
Spain. However, in the United States the "town meeting" 
every year to determine township government for the ensuing 
twelve months is an example of pure democracy which probably 
will never disappear from our governmental system. 

Larger political units may approach a pure democracy 
in their ideals, but when control no longer rests with the whole 
body of people in single convention assembled, but is delegated 
to representatives chosen by the people, such a government 
is variously called a representative democracy, a democratic 
republic or a republic. 

The fundamental principle of a democracy or a republic 
is political and legal equality, a state of society absolutely 
without class distinctions made by laws or customs. A country 
may continue under such a government without difficulty so 



Democratic Donkey 240 Democratic Party 

long as the majority of its citizens are true to the ideals upon 
which it was founded. See Republic. 

Democratic Donkey, a symbol used in caricatures by 
political opponents to represent the Democratic party. It 
was originated by the famous caricaturist, Thomas Nast, when 
in the employ of Harper's Weekly, before the Civil War. 
Democrats pictorially represent their party by the rooster. 
See Democratic Rooster; Republican Elephant. 

Democratic Party. The political organization known as 
the Democratic party has had an existence since the foundation 
of the Government, but not all the time under that name. It 
was at first the Republican party; then, in 1812, the Democratic- 
Republican; finally, in 1829, the last name was dropped. The 
germ of the party can be traced to the Anti-Federalists, who 
opposed the adoption of the Constitution, out of which tempo- 
rary organization the first party to be called Republican was 
organized. The earliest declaration of principles of this party 
was in favor of the limitation of the powers of the Federal 
Government to those expressed in the letter of the Constitution, 
and also an increase in the direct influence of the people in all 
the affairs of government. The Democrats have always been 
strict constructionists, and formerly leaned strongly towards 
State's rights. In the early agitation on the subject of slavery 
they were indifferent as to the fate of any public measure 
affecting it, but later many leaders of the party espoused the 
Southern cause, clinging to it until the Civil War removed it as a 
political issue. 

In 1801 the Democratic party carried the Presidential 
election, and it remained in power for twenty-four years. A 
split in the party in 1824 lost the nation to the Democrats — 
called yet the Democratic-Republican party, however — John 
Quincy Adams being elected as a Whig. In 1829, when the 
organization adopted the name by which it has since been 
known, Andrew Jackson led the party to victory, from which 
time, except the years 1840-'44 and 1848-'52, the Democrats 
remained in power until the election of Lincoln in 1860. The 
next President chosen by the partywas Grover Cleveland (1884), 



Democratic Republic 241 Democratic Rooster 

who was elected for a second term (1892). Since 1892 
the party has been under the dominating influence of the 
radical element within it, and the issues of free silver and free 
trade have contributed to serious defeats. The conservative 
element gained the ascendency in 1904 sufficiently to remove 
some unpopular issues from its National campaign and bring 
to public attention others deserving recognition. The party 
today is pledged to tariff reform (not necessarily to free trade), 
Government ownership of public utilities, anti-imperialism and 
to a policy of repression of the financial powers of the country 
whose policies it believes to be dangerous to the people. William 
J. Bryan suffered two defeats as the candidate of the party 
for the Presidential office, in 1896 and 1900. See Con- 
struction OP THE Constitution; Political Parties in the 
United States. 

Democratic Republic, a country governed by representatives 
who receive their authority directly from the people; another 
term for representative democracy or republic. 

Democratic=Republican Party, a political party formed 
from a faction of the Anti-Federalists; their theory aimed at 
direct popular control over the Government, the gradual 
extension of the right of suffrage, the limitation of the powers 
of the Federal Government, and strict conservation of the 
powers reserved to the State Governments by the Constitution. 
It was a party of construction, but was influential only a short 
time under the name it adopted. The same principles that it 
advocated were first advanced by what was known at the 
time of the adoption of the Constitution a.s the Republican 
party. The Democratic party is the logical successor of the 
Democratic-Republican organization. See Political Parties 
IN THE United States; Democratic Party. 

Democratic Rooster, the pictorial representation of the 
modern Democratic party. Previous to the administration 
of Andrew Jackson, the party had adopted no emblem, but 
during his terms of office the cry, "Turn the rascals out," led 
to the adoption of a picture of a hickory pole to which a broom 
was attached. To an Indiana man named Chapman the party 



Demonetization 242 Dime 

owes its present emblem. Chapman was given to an undue 
amount of boasting. In political correspondence a friend 
urged the loud talker to "Crow, Chapman, crow!" and the 
exhortation was repeated many times, until the gentleman's 
fame became more than local. In the campaign of 1844 the 
spirit of the Chapman propensity to boast and ''crow" was 
symbolized in the proudly-strutting fowl, and the Democratic 
rooster was adopted by the party as its emblem of victory. 

Demonetization, an act by which the coinage of one of the 
metals, such as silver, is stopped, thus taking it from its position 
as a standard metal and reducing it to a place as secondary 
or subsidiary coin. For example, a country may exist for 
years under a coinage act which declares that both gold and 
silver shall be coined, and their relative values are fixed by 
law, as a ratio of 16 to 1. In the course of time it is decreed 
that gold alone shall thereafter be the single standard of value. 
The law passed to bring about this condition is said to demone- 
tize silver. Before the passage of such an act, one ounce of 
gold was worth as much as a specified number of ounces of 
silver; the value of silver therefore was preserved by statute. 
After derrionetization, silver would be worth only what it 
would bring in the open market; its price would be regulated 
solely by the law of supply and demand. See Bimetallism. 

Denizen, a term applied in the United States to a natural 
born or naturalized citizen. In Great Britain a denizen is an 
alien who by naturalization has obtained some of the rights of 
a British subject; he is given the franchise, but cannot be a 
member of Parliament. 

Department of the Navy. See Navy, Department of the. 

Deponent, any person who gives written testimony in a 
case, either civil or criminal, in a manner prescribed by law. 

Deposition, testimony legally taken, as a result of interroga- 
tories, and reduced to writing, later to be sworn to and used 
as evidence in a case before a court. 

Dime, the tenth part of the dollar of United States money, 
so called from the French dixieme, meaning tenth. Thie word 
was first introduced into our coinage as the disme; it was so 



Dingley Bill 243 Diplomatic Service 

spelled on some trial coins in the year 1792. In the transfer 
from the Spanish coinage to our present decimal system the 
dime took the place of the real. The dime is a silver coin and 
weighs 2J grams, 90 per cent of which is silver and 10 per cent 
alloy. 

Dingley Bill. A tariff act passed in 1897 and yet remain- 
ing in effect (1908). It was named, as is customary, after the 
chairman of the Committee of Ways and Means of the House 
of Representatives, Nelson. Dingley of Maine. Every tariff 
bill must originate in the House of Representatives, and the 
task of framing it rests with the above-named committee. See 
Ways and Means, Committee of. 

Diplomacy is the art of conducting intercourse between 
nations and maintaining each in political harmony with its 
neighbors. The system of diplomacy is of comparatively 
modern origin; ancient nations did not maintain diplomatic 
relations with each other, but appointed special embassies 
whenever occasion required. During the Middle Ages the 
Pope was usually arbiter of disputes. Some statesmen even 
today declare the diplomatic establishment to be an unwar- 
ranted expense; the work it does they would have cared for 
through the medium of letters, telegrams and cable messages. 
This opinion is not shared by those closest in touch with foreign 
affairs in any country. See Diplomatic Service. 

Diplomatic Service. Diplomacy may be defined as the 
art of managing the political intercourse between nations and 
adjusting their relations, through the service of representatives 
called Ambassadors, Envoys Extraordinary, Ministers, etc., 
according to their rank and authority. The principles and 
rules of diplomacy are embodied in customs which by common 
consent have now the binding force of law, and in treaties 
which have become a part of international law. The diplo- 
matic relations of the United States are in charge of the De- 
partment of State [q. v.], one of the Executive divisions of the 
Government. The responsible head and directing force of the 
diplomatic branch of the Government, next to the President, 
is the Secretary of State. 



Diplomatic Service 244 Diplomatic Service 

Formerly where any nation wished to come to an under- 
standing with another country it sent a special messenger 
clothed with necessary power to act — Benjamin Franklin's 
mission to France during the Revolutionary War is an illustra- 
tion. This means of infrequent communication never proved 
satisfactory, and now for much more than one hundred years 
these representatives, as a rule, have been appointed for a term 
of years and have taken up their residences in the capitals of 
the countries to which they have been accredited. 

Each nation honors in a signal manner the representatives 
of foreign powers accredited to it. By mutual agreement, 
dating back to mediaeval times, when only princes of reigning 
houses were dispatched on missions of diplomacy, the bearer 
of diplomatic credentials has been exempt from the control of 
the laws of the nation wherein he is to exercise his functions. 
This exemption is not confined to the diplomat himself, but is 
extended to all his suite, including not only the persons em- 
ployed by him in official positions, but his wife, family, and 
servants, as well. 

To explain this peculiar privilege it may be stated that by 
a fiction of international law, called the privilege of exterri- 
toriality [q. v.], a sovereign or member of a reigning family, 
though temporarily in a foreign country, is considered as being 
on his own territory; the laws of the country visited could not, 
therefore, be operative against him. It was natural that in 
time this privilege should be extended by courtesy to any per- 
son delegated by royalty or the head of a State to undertake a 
diplomatic task. Today all representatives of our country 
abroad on diplomatic missions live under our laws while residing 
in a foreign land. 

But although a representative is not amenable to any 
tribunal in the country of his temporary residence and cannot 
be arrested, he cannot misconduct himself with impunity. As 
an officer representing law and order and stable government, 
he must respect the laws and customs of the country of his 
official residence; if he violates or offends these he may be the 
subject of complaint to his home Government. If the com- 



Direct Tax 245 Direct Tax 

plaint is very serious, his recall may be demanded or the head 
of the offended Government may dismiss him peremptorily, 
and may r3quest that he be brought to trial in his own country. 

There are some other privileges which may be generally ac- 
corded to diplomatic representatives. They are permitted the 
free exercise of their chosen religion, a fact which may excite 
comment in a republic in which every man may worship as he 
chooses; they are exempted from taxation, are given special 
mail pouches and are usually allowed to import their goods 
without the payment of duties. 

There are four grades of diplomatic representatives, as 
generally recognized, but with duties practically the same. 
Ambassadors head the list in point of power, influence and 
dignity; next in order are the Envoy Extraordinary and 
Minister Plenipotentiary, Minister Resident, and Charge 
d'Affaires. Each is discussed in regular alphabetical order. 
For commercial representatives abroad, see Consular Service. 

Direct Tax. Nearly all revenue necessary for the support 
of the Government is realized from the collection of taxes, in 
various forms, indirectly assessed. The Constitution makes 
provision for laying direct taxes when such a course is deemed 
advisable, in Article I, Section 2, Clause 3, as follows: 

"Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to their 
respective numbers * * * ." 

A direct tax must- be apportioned equitably; it cannot be 
assessed against a few of a large class of citizens without in- 
cluding within its operation all of that class. Only five times 
in the history of our country has Congress been able to vote 
and carry through successfully an act providing for the imposi- 
tion of a direct tax, and not on any of those occasions did it 
make a levy upon all the property of our citizens. In 1791, a 
direct tax of fifty cents per head was levied upon all slaves 
within the jurisdiction of the Federal laws. In 1813, 1815, 
1816, and 1861, as war measures, when expenses of Govern- 
ment were extraordinary, taxes were laid for Federal purposes 
upon dwelling houses, lands and slaves, and apportioned 



Disability of the President 246 Discharge from Army or Navy 

among all the States, not in proportion to the wealth of each 
State, but according to Constitutional provision, in proportion 
to population. Attempts have been made to pass laws for a 
tax upon all incomes over $4,000, but none was ever framed 
which was upheld by the Supreme Court. See Tax. 

Disability of the President. By this term is meant the 
effect of any accident, condition, or circumstance by which 
the President of the United States would be unable to perform 
the duties pertaining to his office. Thus far in the history 
of the republic no President has become disqualified or has 
been forced during his term, or while he yet lived as President, 
to witness his power transferred to another. William Henry 
Harrison, Zachary Taylor, Abraham Lincoln, James A. Garfield, 
and William McKinley died in office and, according to Con- 
stitutional provision, each was succeeded in the Presidency 
by the Vice-President. Circumstances may arise at any 
time, however, when causes other than death may demand 
the retirement of the President and the installation of his 
successor. Prolonged and hopeless illness might prompt his 
resignation; insanity might develop and incapacitate him; he 
might be impeached and on trial be found guilty and removed 
from office. Previous to 1886, if the disability of the President 
had been followed by the disability of the Vice-President, his 
successor, the President jpro tempore of the Senate, would 
become acting President, and after him, the Speaker of the 
House of Representatives. The Presidential Succession Law 
of 1886 provided a succession and removed the objections to 
the old law, which had been in force since 1792. See Presi- 
dential Succession. 

Discharge from Army or Navy. An enlisted man in the 
military or naval department of the United States is discharged 
from the service on the last day of his term of enlistment, which 
is at the end of three years from the date of enlistment, to 
which must be added, however, the number of days he has 
been absent without leave. A soldier or sailor may be dis- 
honorably discharged by the President or by the Secretary of 
the War or the Navy Department before the expiration of his 



Disfranchise 247 District 

term of service, for reasons stated in the official papers whereby 
the discharge is made effective, or he may leave the service by 
the sentence of a court-martial. On a certificate of disability 
honorable discharge may be granted at any time. When an 
enlisted man is discharged he is furnished by his immediate 
superior officer with duplicate final statements of his accounts 
with the Government and a certificate of discharge signed by 
the commander of the military post or war vessel on which 
service terminated. The man's character is stated in this 
certificate, and if he believes the statement is unjust he has 
the privilege of appeal to a board of officers. See Enlistment 
IN Army and Navy. 

Disfranchise, to deprive a person by process of law of any 
of the rights held and exercised by citizens. Thus, a person 
who becomes a convict loses the right of suffrage; one who is 
convicted of certain crimes against the Government may be 
disqualified either by Qonstitutional provision or judicial 
decree as a part of a court sentence from holding thereafter 
any office of honor, profit or trust, either by Executive appoint- 
ment or by election. 

Disputed Election. See Contested Election. 

District, a territorial division, specially set off or defined, 
for political or governmental purposes. The smallest political 
unit is the school district, embracing not more than two square 
miles; the largest, a United States Judicial circuit, sometimes 
including more than one State of the Union. A block of 
territory sending one Representative to Congress is a Congres- 
sional district, usually comprising from three to ten counties, 
but sometimes a whole State. A State Judicial district com- 
prises those counties joined together into a Circuit, whose 
courts are presided over by a Circuit Judge. 

In each State the Legislature may reapportion the several 
counties comprising the districts set off for any purpose, 
whenever it is necessary, in order to maintain proper division 
or balance of voting strength throughout the State. The 
spirit of the laws decrees that the various districts of a State 
for any purpose shall contain practically the same number of 



District Court 248 District of Columbia 

inhabitants, and that each district shall be as compact as 
possible. Such a provision should prevent unfair divisions 
for questionable political purposes, but occasionally, especially 
in apportioning Congressional districts, a strongly partisan 
Legislature has been known to fix boundaries without regard 
to compactness or convenience. See Gerrymander. 

District Court, a Federal court inferior to a United States 
Circuit Court, to which appeals from the District Court may 
be taken. See Judicial System, United States. 

District of Columbia, also known as the Federal District, 
is the seat of the general Government of the United States. It 
was provided for by acts of Congress July 16, 1790, and March 
3, 1791, pursuant to Article I, Section 8, Clause 17, of the 
Constitution. One of the powers delegated to Congress was 
that it should "exercise exclusive legislation in all cases what- 
soever over such district (not exceeding ten miles square) as 
may by cession of particular States and the acceptance by 
Congress, become the seat of Government of the United States." 

The requisite territory was offered to Congress by Maryland 
in 1788, and by Virginia in 1789, the tracts being located 
opposite each other on the Potomac River. By proclamation 
of President Washington in 1791 both offers were accepted, the 
district being limited to the maximum size prescribed by the 
Constitution, 72.09 square miles being north of the river and 
27.91 square miles south of it. In 1846 by an act of Congress 
the portion south of the Potomac was returned to the sov- 
ereignty of Virginia, inasmuch as the section north of the 
river was ample for all governmental purposes and more 
compact than a district could be which occupied both banks 
of the stream. The government of the District of Columbia 
is under the Executive control of three Commissioners, ap- 
pointed by the President of the United States and confirmed 
by the Senate. Two of these Commissioners must be citizens 
of the District of at least three years' residence, and one is 
detailed from the engineering corps of the army. All Legislative 
powers are in the hands of Congress, so in effect the committees 
of the Senate and the House of Representatives having the 



Dixie 249 Dixie 

affairs of the District in their control are its real governors; 
the Commissioners' powers are limited. 

Another plan of administration of the affairs of the District 
was tried in 1871, at the request of its citizens, who felt they 
were entitled to a degree of self-government hitherto not 
accorded them. The District was therefore made into a regu- 
larly organized Territory of the United States, with a Terri- 
torial form of Government. In 1874 Congress repealed these 
acts, owing largely to the extravagance of the officials in 
suggesting and pushing public improvements. It was properly 
decided that as the District was originally set aside solely for 
the seat of the Federal Government, it was the part of wisdom 
to vest control entirely in the hands of Congress, through 
which authority the Commissioners should act. Therefore, 
here is presented the anomoly of a considerable population 
having absolutely no voice in the management of affairs, as the 
inhabitants are disfranchised in all general elections. 

Until 1890 Washington and Georgetown were recognized 
as separate municipalities, but since that date the identity of 
the latter has been merged in the former^ and the City of 
Washington is co-extensive with the District of Columbia. 

Dixie, an imaginary land and condition of life where 
there was naught save luxuriant enjoyment. On this inviting 
theme a song was written by representatives of the colored 
race and it sprang into such popularity among all classes that 
it was soon acclaimed the melody of the Southland. During 
the Civil War, when sentiment and sectional feeling ran high, 
it attained immense popularity. 

The song had its origin about the year 1800. A man 
named Dixy owned a large tract of land and many slaves, near 
Manhattan, now New York City. Slave labor became un- 
profitable on his estate and the growth of anti-slavery senti- 
ment made his human chattels of uncertain value. He 
consigned a large number of them to Southern planters, who 
sold them for him. In their new homes the burdens placed 
upon the slaves were greater than they had ever borne under 
their former owner, and their longing to be returned to Dixy's 



Dockyard 250 Dollar Sign 

took the form of a plaintive refrain. Additions to it and 
various changes gave the song force and dignity, and eventually 
Dixie came to typify the Southland to the impressionable 
Southern "darkey." Naturally, in its evolution the memory 
of its origin was quite ignored. 

Dockyard, a shipyard in which are docks for the building 
or repairing of ships of the navy of a country. Usually a 
dockyard is combined with an arsenal for storing munitions 
of war. Dockyards in the United States are located by act 
of Congress and are maintained by annual appropriations. The 
Executive authority is vested in a naval officer who holds the 
position by appointment of the Secretary of the Navy. 

Dollar. The dollar is the standard coin of the United 
States, the basis of our currency system. The first dollar we 
coined was adopted in 1792, and was modeled after the Spanish 
dollar, or "pieces of eight." Several modifications in the 
coinage laws reduced the dollar to its present degree of fine- 
ness, 412 grains silver, .900 fine. One-tenth of the composition 
is alloy [q. v.]. See Coinage; Dollar Sign. 

Dollar Sign, The. Several theories are advanced as to the 
derivation of the dollar sign ($). The opinion very widely 
accepted is that it was derived from the letters U. S., in mono- 
gram, which after the adoption of the Federal Constitution 
were ordered stamped on the currency of the new republic. A 
second theory ascribes the sign to a combination of the mark 
of the Roman unit, sestertius, the symbol of which was H. S. 
or I. I. S.— 

"Sestertius, abbreviation of Semistertius, is a term belonging to the 
Roman silver coinage, in which series it was a quarter of the denarius; 
but the silver coins of this small size being found inconvenient, no doubt 
suggested the idea of coining it in copper. In this metal as in silver it 
represented two and a half Ases. . . in writing expressed by the 
symbol II. S., or H. S., both of which represents two and a half, beingll. in 
Roman numerals, and S., for semis (half); ... all their calculations 
made in sertertii. In writing, amounts were thus expressed: II S. 
trecenti (300 sesterces)." 

A third opinion relative to the origin of the mark is that 
it comes to us from the coinage of Spain. On the reverse of 



Doorkeeper 251 Double Standard 

the Spanish dollar is a representation of the pillars of Hercules, 
and around each pillar is a scroll with the inscription plus ultra. 
The device in the course of time developed into the sign 
which stands at present for the American as well as the Spanish 
dollar. 

Accounts in the South in the early days of the nation 
were kept in dollars and reals, and as a distinguishing mark 
a cancelled figure of 8 used (one dollar] | 8 reals) — there were 8 
Spanish reals in one dollar — or the cancellation marks placed 
on each side of the figure [ 8 | followed by a period to denote- 
the decimal of reals. After a time the perpendicular lines 
crossed the 8, and the shading of the figure was ultimately dis- 
covered to represent an S, which combined with the lines 
evolved the present sign. 

This last explanation is the one most favorably received 
by patient investigators. 

Doorkeeper, the official who guards the entrances to the 
chambers of the two Houses of Congress. The doorkeeper of 
the Senate is appointed by the sergeant-at-arms of that body; 
the doorkeeper of the House of Representatives is elected by 
the members of the dominant political party in the House. 
The doorkeeper has charge of the legislative chamber and is 
responsible for its contents; he must enforce the rules of his 
chamber regarding admission to the floor; he also superin- 
tends the document and folding rooms. The appointment 
of assistant doorkeepers and pages is in his hands. 

Double Standard, or bimetallic standard, that monetary 
system whose standard of value is based upon the parity of two 
metals, such as gold and silver. In such a system, it is decreed 
by law that a certain number of ounces of silver shall be 
deemed of equal value with a stated number of grains of gold, 
and to assure the continuance of the ratio thus established, the 
Government would guarantee to accept in payment of debts 
due it either metal at the decreed ratio. The United States 
is not on a bimetallic basis, but adheres to a single standard. 
However, in 1896 a formidable minority contested a Presi- 
dential election with bimetallism as a rallying cry. It was 



Dough Face 252 Draft 

proposed, in the event of the success of the double-standard 
doctrines, to establish the parity of gold and silver at the 
ratio of 16 to 1 and maintain it there, regardless of the fact 
that at that time the commercial values of the two metals was 
at the ratio of 31 to 1. It was contended that a law establish- 
ing the closer ratio would increase the value of silver until the 
commercial ratio would equal the legal ratio. Since about 
1900 the double standard of value has not entered American 
politics. See Single Standard; Bimetallism. 

Dough Face, a derisive term signifying a person who is 
easily swaj^ed by unworthy motives. It was first applied to 
certain Northern members of Congress, during the heated 
discussion preceding the passage of the Missouri Compromise 
in 1820. John Randolph of Roanoke stigmatized eighteen 
Northern Representatives who deserted their colleagues and 
voted with Southern members on the Compromise as "Dough- 
faces." As the discussion of the slavery question grew more 
intense the term was generally applied to all Northern sympa- 
thizers who favored the principles for which the South stood, 
and also in the South to those Southerners who refused to 
subscribe to all the tenets of the slave-holding interests. 

Draft, a military or naval conscription; it is resorted to 
by a Government to recruit its fighting forces when confronted 
by an enemy too numerous and powerful to be resisted success- 
fully by its regular army or navy and such volunteers as havfe 
offered themselves. When the constituted authority fails to 
secure a sufficiently large offensive or defensive force by volun- 
teer enlistment, it is evident that means to secure service 
must be employed or the Government may not survive. In 
the United States it is within the power of Congress to declare 
war and to raise armies; the Supreme Court has said that the 
latter power carries with it the necessary authority to draft 
men into military service. 

A bill known as the "Draft of 1814" failed to become a 
law; this was the first effort in the United States at conscription. 
During the year 1863 the second attempt to pass such a law 
was successful. It was known as the "Conscription Law," and 



Draft Riots 253 Dred Scott Case 

provided for the enrollment of every able-bodied man between 
the ages of eighteen and forty-five. In default of volunteers 
to fill the quota demanded of each Congressional district, the 
deficiency was to be made up by drafts from citizens on all- 
inclusive poll lists. Provision was made by which a drafted 
man could escape service by furnishing an able-bodied and 
willing substitute, or by the payment to the Government of 
$300 in cash. Any man who refused to obey a draft summons 
or furnish a substitute was treated as a deserter. Several 
riots occurred during the enforcement of this law (see Draft 
Riots). The Conscription Law of 1863, amended slightly in 
1864, is yet in force, but it may never be neccessary to apply 
it again. See Conscription. 

Draft Riots, disturbances resulting from attempts by a 
Government to enforce unpopular draft measures to recruit 
the ranks of its army. In the United States in 1863 a general 
draft was resorted to' and on that occasion riots occurred in 
many parts of the country. In New York City, the most 
populous section of the country, it was natural to expect the 
most serious trouble, but the Federal authorities were scarcely 
prepared for the fierce resistance there offered. About the 
middle of July a mob defied all authority, gained control of 
the city hall, and it was dispersed only after four days' fighting. 
Many negroes were killed, a colored asylum was burned, and 
in all over 1,000 persons lost their lives. The city was obliged 
to pay more than $1,500,000 indemnity for loss of property. 
Pennsylvania was the next heaviest sufferer from the draft 
riots of that year. No other serious draft disturbances in the 
history of the country are recorded. Resistance to a draft 
levied in time of National stress is without warrant, is sub- 
versive of good government and is cowardly. It is practically 
treason. The first duty of a citizen is to serve his country in 
time of need; he owes this obligation in return for the constant 
protection guaranteed him under his Government. See Draft. 

Dred Scott Case. What is known as the Dred Scott 
Case was a hearing and decision in the United States Supreme 
Court in 1855-1857, bearing on the legal status of negro slaves 



Dred Scott Case 254 Dred Scott Case 

who were taken by their masters from slave States into free 
territory. The decision materially hastened the Civil War. 
The history of the case, briefly stated, is as follows : 

Dred Scott was a negro slave, owned by Dr. Emerson, an 
army officer temporarily stationed in Missouri. In 1834 
Emerson removed to Illinois, where slavery was prohibited, 
but he carried Scott with him to his new home, claiming the 
right to possession of his property in whatever State he pleased 
to reside. Two years later he went to Minnesota, still the 
master of Scott, although in Minnesota slavery was prohibited 
by the Missouri Compromise [q. v.]. In 1838, Emerson re- 
turned to Missouri with Scott; but the negro had learned that 
residence in a free State had made him a free man, so in 1848, 
after heavy punishment by his master for a misdemeanor, he 
brought suit against him for assault and won his case. Emerson 
appealed and won, the Missouri Supreme Court asserting the 
white man's right to control his property and denying that 
Scott was a free man. The negro was then sold to a New 
York citizen named Sanford, against whom friends of Scott, 
and in his behalf, again instituted a suit to determine whether 
the negro was slave or free. The charge, as before, was assault. 
The case was decided against him and was carried on appeal 
to the United States Supreme Court in 1855. Here it was 
argued during that year and 1856, and in 1857 a decision was 
handed down. Scott lost every point for which he had con- 
tended. He was declared again not to be a citizen of any 
State, nor was he given standing in a Federal Court. He was 
yet a slave, a slave was only a piece of property; it was the 
right of every citizen to take his property wherever he desired, 
within the limits of the United States. The decision went 
still more deeply into the slavery question and declared that 
no negro could be a citizen of the United States, that the 
Missouri Compromise was unconstitutional, and that neither 
Congress nor any Territorial Government could prohibit 
slavery in the Territories. Great excitement followed the 
publication of the court's decision and the bitterness of the 
discussion on the slavery question was intensified. 



Drys 255 Duties 

Drys, a term used by anti-prohibitionists to distinguish 
those who are opposed to the liquor traffic. See High License; 
Local Option; Prohibition. 

Duel, an encounter between two persons at enmity, 
fought with deadly weapons, according to an established code 
of honor. The origin of dueling may be traced back to the 
days preceding the fall of the Roman Empire, when systems 
of government so far fell short of equity that disputes were 
commonly settled by an appeal to arms. 

In the United States dueling is illegal; since the Civil 
War all States of the Union have passed stringent laws which 
aim by imposing heavy penalties to abolish the practice. A 
very common penalty, in addition to imprisonment, is the loss 
to surviving participants of the right of suffrage for the re- 
mainder of their lives. In the eyes of the law even the sending 
of a challenge to a duel is considered a breach of the peace; the 
killing of an opponent gives occasion for arrest on the charge 
of manslaughter or murder, against not only the surviving 
principal, but against the seconds, or appointed attendants^ as 
well. 

Duces Tecum. See Subpoena. 

Duress is force, actually applied, or even threatened, 
which causes a person to fear imprisonment or bodily harm. In 
the legal sense, duress compels one to do a thing he would not 
do voluntarily, and one so forced against his will may by action 
at law, if he can sustain his charges, secure relief. If a convey- 
ance of property is executed under duress, it may be set aside 
by the person who executed it only in the event that the 
article has not passed into the hands of an innocent purchaser. 

Duties. See Customs Duties. 



Eagle. The ten-dollar gold piece of the United States 
currency system is called an eagle. There are also coined the 
double-eagle and the half eagle, of proportionate weight and 
fineness. The quarter-eagle and the gold dollar were coined 
also for many years, but none have come from the mints since 
about 1890. See Coinage, United States. 

Education, Bureau of. Previous to 1867 there was no 
department of the Government charged with the duty of 
compiling statistical matter relative to the progress of educa- 
tion in the States and Territories. In that year a "Depart- 
ment of Education" was established, to the end that such 
information as would be of value to the cause of education 
might be gathered and published. The next year, however, 
it was decided that instead of an entire Executive department 
being necessary, a lesser organization would meet all require- 
ments. Accordingly, the Department was abolished; the 
same act established the Bureau of Education, and it was made 
a division of the Department of the Interior. The head of the 
Bureau is the Commissioner of Education. The office was 
held for more than a quarter of a century by Dr. William T. 
Harris; the present incumbent is Dr. Elmer Ellsworth Brown. 

Election, Writ of. See Writ of Election. 

Election Bets. A wager on the result of an election is in 
about one-half of the States declared an illegal act, carrying 
a penalty of a fine, or fine and imprisonment, or fine and loss of 
the right to vote at the election which gave rise to the wager. 
An election bet is not under the law a debt and cannot be 
collected if the loser resists payment. 

Elections. The right of a person to cast his vote in an 
election is determined in each State by the Legislature thereof, 
with the exception that no State may include among the 
qualifications imposed upon voters any condition which con- 
flicts with Article XV of the Constitution of the United States, 
which provides that — . 

256 



Elections 257 Elections 

Article XV. 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any State, on 
account of race, color or previous condition of servitude. 

2. The Congress shall have power to enforce the provisions of thia 
article by appropriate legislation. 

The qualifications prescribed for voters naturally vary. 
In some States persons not fully naturalized may vote at all 
elections; in others women may vote for all officers, includ- 
ing electors of the President and Vice-President. Congress 
does not even direct the manner of electing its own members, 
except that a Senator must be elected by his State Legislature. 
In any State a man or woman who is qualified to vote for 
State Representative in his or her District is qualified to vote 
for Representative in Congress. 

Registration. To guard the purity of the ballot, almost 
all States require voters to register before election boards or 
commissioners before they may exercise the right of suffrage. 
In some States a new registration is required once a year; in 
others, less frequently. 

Primary Elections. It frequently happens that in any 
State or local contest a single political party may enjoy an 
overwhelming majority of votes; in such case a nomination 
is equivalent to election. To give assurance that a party will 
not exercise its control to elect bad men to office, and to give 
each voter of that party an opportunity to express his prefer- 
ences for various officers before the nominating conventions 
are held, the device called a primary election is instituted. 
When a primary is held, there are thrown around it all the 
safeguards that protect elections; the choice of the voters at 
a primary determines the personnel of the party ticket. It is 
illegal for any man to vote at a primary if he does not expect 
to support the ticket then chosen on election day, and he may 
be punished for the act. 

Who May Vote. The qualifications for voters at elections 
in each State, and the classes excluded from suffrage, are given 
under the heading Qualifications of Voters. 

Elections, Contested. See Contested Elections. 



Elections 258 Elections 

Elections, Presidential. The machinery of elections is 
discussed under the headings National Convention, Elec- 
toral Colleges and Electoral System, up to the point 
where the electoral votes in a Presidential election are counted 
in the Senate Chamber, in the presence of the Senate and the 
House of Representatives, The Act of February 3, 1887, as 
amended October 19, 1888, gives in detail the steps taken in 
the choice of President and Vice-President, beginning with the 
meeting of the electors in the various States. It follows: 

Section 1. The electors of each State to meet and give their votes 
on the second Monday in January next following their appointment at such 
place in each State as the Legislature shall direct. 

Section 2. That if any State shall have provided, by laws enacted 
prior to the day fixed for the appointment of the electors, for its final de- 
termination of any controversy or contest concerning the appointment of 
all or any of the electors of such State, by judicial or other methods of pro- 
cedures, and such determination shall have been made at least six days 
before the time fixed for the meeting of the electors, such determination 
made pursuant to such law so existing on said day, and made at least six 
days prior to the said time of meeting of the electors, shall be conclusive, 
and shall govern in the counting of the electoral votes as provided in the 
Constitution, as hereinafter regulated, so far as the ascertainment of the 
electors appointed by such State is concerned. 

Section 3. That it shall be the duty of the Executive of each State, 
as soon as practicable after the conclusion of the appointment of electors 
in such State, by the final ascertainment under and in pursuance of the 
laws of such State providing for such ascertainment, to communicate, 
under the seal of the State, to the Secretary of State of the U. S., a cer- 
tificate of such ascertainment of the electors appointed, setting forth the 
names of such electors and the canvas or other ascertainment under the 
laws of such State of the number of votes given or cast for each person for 
whose appointment any and all votes have been given or cast; and it shall 
also thereupon be the duty of the Executive of each State to deliver to the 
electors of such State, on or before the day on which they are required by 
the preceding section to meet, the same certificate, in triplicate, under the 
seal of the State; and such certificate shall be enclosed and transmitted 
by the electors at the same time and in the same manner as is provided by 
law for transmitting by such electors to the seat of Government the lists 
of all persons voted for as President and of all persons voted for as Vice- 
President j and Section 136* of the Revised Statutes is hereby repealed; 

♦Section 136 is: "It shall be the duty of the Executive of each State to 
cause three lists of the names of the electors of such State to be made and cer- 
tified, and to be delivered to the electors on or before the day on which they are 
required, by the preceding section, to meet." 



Elections 259 Elections 



and if there shall have been any final determination in a State of a contro- 
versy or contest as provided for in section two of this act, it shall be the 
duty of the Executive of such State, as soon as practicable after such de- 
termination, to communicate, under the seal of the State, to the Secretary 
of State of the U. S., a certificate of such determination, in form 
and manner as the same shall have been made; and the Secretary of 
State of the U. S., as soon as practicable after the receipt at the State 
Department of each of the certificates hereinbefore directed to be trans- 
mitted to the Secretary of State shall publish, in such public newspaper 
as he shall designate, such certificates in full; and at the first meeting of 
Congress thereafter he shall transmit to the two Houses of Congress copies 
in full of each and every such certificate so received theretofore at the 
State Department. 

Section 4. That Congress shall be in session on the second Wednes- 
day in February succeeding every meeting of the electors. The Senate 
and House of Representatives shall meet in the Hall of the House of Repre- 
sentatives at the hour of 1 o'clock in the afternoon of that day, and the 
President of the Senate shall be their presiding officer. Two tellers shall 
be previously appointed on the part of the Senate and two on the part of 
the House of Representatives, to whom shall be handed, as they are 
opened by the President of the Senate, all the certificates and papers pur- 
porting to be certificates of the electoral votes, which certificates and 
papers shall be opened, presented and acted upon in the alphabetical 
order of the States, beginning with the letter A; and said tellers, having 
then read the same in the presence and hearing of the two Houses, shall 
make a list of the votes as they shall appear from the said certificates, and 
the votes having been ascertained and counted in the manner and accord- 
ing to the rules in this act provided , the result of the same shall be delivered 
to the President of the Senate, who shall thereupon announce the state of 
the vote, which announcement shall be deemed a sufficient declaration of 
the persons, if any, elected President and Vice-President of the United 
States, and, together with a list of votes, be entered on the journals of the 
two Houses. Upon such reading of any such certificate or paper, the 
President of the Senate shall call for objections, if any. Every objection 
shall be made in writing, and shall state clearly and concisely, and without 
argument, the ground thereof, and shall be signed by at least one Senator 
and one member of the House of Representatives before the same shall 
be received. When all objections so made to any vote or paper from a 
State shall have been received and read, the Senate shall thereupon with- 
draw, and such objections shall be submitted to the Senate for its decision, 
and the Speaker of the House of Representatives shall, in like manner, 
submit such objections to the House of Representatives for its decision; 
and no electoral vote or votes from any State which shall have been regu- 
larly given by electors whose appointment has been lawfully certified to 



Elections 260 Elections 



according to section three of this act from which but one return has been 
received shall be rejected, but the two Houses concurrently may reject 
the vote or votes when they agree that such vote or votes have not been 
so regularly given by electors whose appointment has been so certified. If 
more than one return or paper purporting to be a return from a State 
shall have been received by the President of the Senate, those votes, and 
those only, shall be counted which shall have been regularly given by the 
electors who are shown by the determination mentioned in section two 
of this act to have been appointed, if the determination in said section 
provided for shall have been made, or by such successors or substitutes, 
in case of a vacancy in the Board of Electors so ascertained, as have been 
appointed to fill such vacancy in the mode provided by the laws of the 
State; but in case there shall arise the question which of two or more of 
such State authorities determining what electors have been appointed, 
as mentioned in section two of this act, is the lawful tribunal of such State, 
the votes regularly given of those electors, and those only, of such State 
shall be counted whose title as electors the two Houses, acting separately, 
shall concurrently decide is supported by the decision of such State so 
authorized by its laws; and in such case of more than one return or paper 
purporting to be a return from a State, if there shall have been no such 
determination of the question in the State aforesaid, then those votes, 
and those only, shall be counted which the two Houses shall concurrently 
decide were cast by lawful electors appointed in accordance with the laws 
of the State, unless the two Houses, acting separately, shall concurrently 
decide such votes not to be the lawful votes of the legally appointed 
electors of such State. But if the two Houses shall disagree in respect 
of the covmting of such votes, then, and in that case, the votes of the 
electors whose appointments shall have been certified by the Executive 
of the State, under the seal thereof, shall be counted. When the two 
Houses have voted, they shall immediately again meet, and the presiding 
officer shall then announce the decision of the questions submitted. No 
votes or papers from any other State shall be acted upon until the objec- 
tions previously made to the votes or papers from any State shall have 
been finally disposed of. 

Section 5. That while the two Houses shall be in meeting as pro- 
vided in this act the President of the Senate shall have power to preserve 
order; and no debate shall be allowed and no questions shall be put by the 
presiding officer except to either House on a motion to withdraw. 

Section 6. That when the two Houses separate to decide upon an 
objection that may have been made to the counting of any electoral vote 
or votes from any State, or other question arising in the matter, each 
Senator and Representative may speak to such objection or question 
five minutes, and not more than once; but after such debate shall have 



Elective Franchise 261 Elective Franchise 

lasted two hours it shall be the duty of the presiding officer of each House 
to put the main question without further debate. 

Section 7. Such joint meeting shall not be dissolved until the 
count of electoral votes shall be completed and the result declared; and 
no recess shall be taken unless a question shall have arisen in regard to 
counting any such votes, or otherwise under this act, in which case it shall 
be competent for either House, 'acting separately, in the manner herein- 
before provided, to direct a recess of such House not beyond the next 
calendar day, Sunday excepted, at the hour of 10 o'clock in the forenoon. 
But if the counting of the electoral votes and the declaration of the result 
shall not have been completed before the fifth calendar day next after 
such first meeting of the two Houses, no further or other recess shall be 
taken by either House. — [Approved February 3, 1887.] 

AMENDMENT. 

[Approved October 19, 1888.] 
"Whenever a certificate of votes from any State has not been received 
at the seat of Government on the fourth Monday of the month of January 
in which their meeting shall have been held, the Secretary of State shall 
send a special messenger to the district judge in whose custody one cer- 
tificate of the votes from that State has been lodged, and such judge shall 
forthwith transmit that list to the seat of Government." 

Elective Franchise is the political right or privilege of 
voting for public officers in an election. The right of suffrage 
is guaranteed to all qualified citizens by every State Constitu- 
tion. The qualifications of electors vary in the different States. 
In the election of officials so important as members of the 
House of Representatives at Washington, the same standard 
of eligibility is not demanded of all who vote for these men. The 
United States Constitution admits the right of each State to 
guard its elective franchise as local conditions may demand^, 
declaring in Article I, Section 2, where the interests of the 
Federal Government and the State are mutual, that any man 
may vote for United States Representative who is eligible 
under his State laws to vote for State Representative. In 
some States a man may vote for Governor and other State 
officers, as well as for both State and Federal Representatives, 
before he is fully naturalized — after he has declared his 
intention of becoming a citizen of the United States. See 
Qualifications of Voters. 



Elector 



262 



Electoral Colleges 



Elector. Any person legally qualified by the laws of the 
State to vote at an election is an elector. For the use of the 
word in its National sense, see Electoral Colleges; Elec- 
toral System. 

Electoral Colleges are devices through whose operation 
the President and Vice-President of the United States are 
elected to their respective offices. Common usage prescribes 
the use of the term in the singular number, but in every Presi- 
dential election there are as many Electoral Colleges as there 
are States participating in the election. 

The first Tuesday after the first Monday in November of 
every fourth year occurs the election of electors of President 
and Vice-President. No person votes directly for either of these 
last-named officers; it is not necessary that their names appear 
upon the ballots. Instead, the voter casts his ballot for electors 
of the President and Vice-President, who, in their turn, meet and 
vote for these officers by name. The electors in each State 
have previously been nominated in State conventions to be 
electors; each political party puts the names of its duly nomi- 
nated electors at the head of its ballot, designating them "For 
Electors of the President and Vice-President." In each State 
as many electors are chosen as that State has Senators and 
Representatives in Congress. A State sending twelve Repre- 
sentatives to Congress would therefore choose fourteen electors. 
By custom, each Representative district of a State is given the 
power to select an elector, so the electoral representation is 
fairly divided. 

Following is the electoral vote of the States, based upon 
the apportionment of Representatives made by Congress under 
the census of 1900: 



Electoral 
State. vote. 

Alabama 11 

Arkansas 9 

California 10 

Colorado 5 

Connecticut 7 



Electoral 
State. vote. 

Delaware 3 

Florida 5 

Georgia 13 

Idaho 3 

Illinois 27 



Electoral Colleges 



263 



Electoral Colleges 



Electoral 
State. vote. 

Indiana 15 

Iowa 13 

Kansas 10 

Kentucky 13 

Louisiana 9 

Maine 6 

Maryland 8 

Massachusetts. 16 

Michigan 14 

Minnesota 11 

Mississippi 10 

Missouri 18 

Montana 3 

Nebraska 8 

Nevada 3 

New Hampshire 4 

New Jersey 12 

.New York 39 

North Carolina 12 



Electoral 
State. vote. 

North Dakota 4 

Ohio 23 

Oklahoma 7 

Oregon 4 

Pennsylvania 34 

Rhode Island 4 

South Carolina 9 

South Dakota 4 

Tennessee . 12 

Texas 18 

Utah 3 

Vermont 4 

Virginia 12 

Washington 5 

West Virginia 7 

Wisconsin 13 

Wyoming 3 

Total 483 

Necessary to choice 242 



In the November election, if a State goes Republican, the 
Republican electors are accordingly chosen. By law, these 
meet on the second Monday of the following January in their 
State capital, or other place designated by the Legislature, and 
proceed by ballot to vote for President and Vice-President. 
The same procedure is followed in every State — Democratic 
electors meeting in Democratic States, Republican in Republi- 
can States, etc. There is no law requiring electors to vote for 
any particular persons for the two high offices; each may vote 
for whomsoever he pleases, except as hereinafter noted. How- 
ever, it is expected always that electors will vote for the same 
men who were placed in nomination for President and Vice- 
President by their party at the National convention of the 
preceding summer. 

The 'Electoral College in each State makes three copies, 
duly certified, of the result of its balloting. One copy is filed 
in the office of the Secretary of State at the State capital; one 
is placed in the hands of the United States District Judge in 



Electoral Commission 264 Electoral Commission 

the Federal District in which the State capital is located, and 
the third copy is forwarded by special messenger, a member of 
the Electoral College, to the President of the United States 
Senate. 

On the second Wednesday of February, nearly a month 
after all of the Electoral Colleges have conducted their elections, 
the President of the Senate, in the presence of the Senate and 
House of Representatives, breaks the seals upon the various 
reports which have reached him, and the vote of all the States 
for President and Vice-President is counted. Upon completion 
of the count the result is announced, and not until that moment 
is the election concluded formally and legally, although for 
months the result has been known, except in disputed elections. 
The successful candidates must secure a majority of all the 
electoral votes cast. If there is not a majority for any candi- 
date, then the House of Representatives is empowered to choose 
a President, each whole State representation having a single 
vote on each ballot required; in like manner the Senate would 
proceed to elect the Vice-President. 

It is possible under limitations prescribed by the Constitu- 
tion for any State to be deprived of its vote for President and 
Vice-President. Both of these officers may not be chosen 
from the same State; if any group of electors should vote for 
two men from their own State, the vote would be illegal and 
could not be counted at Washington. See Elections, Presi- 
dential. For an account of the reason why the electoral 
system described above was "adopted, see Electoral System. 

Electoral Commission. The Presidential election of 1876 
was claimed to have been won both by the Republicans and by 
the Democrats. The States of Florida, Louisiana, South 
Carolina and Oregon sent from their Electoral Colleges [q. v.] 
different sets of returns to Washington, each faction in each 
of the four States advancing strong claim for the legality of its 
report. The dispute arose over the proper election of the 
Electors. Without the votes of the four States the Democratic 
candidate, Samuel J. Tilden, lacked only one vote of the nec- 
essary majority of the electoral votes. The Republican candi- 



Electoral Count 265 Electoral System 

date, Rutherford B. Hayes, needed all the twenty which were 
in dispute. The situation resulting was something entirely 
new in American government. To reach a settlement of the 
trouble in a manner which should be as fair and impartial as 
possible, Congress legislated into existence a body of fifteen 
men called the Electoral Commission, giving it judicial power 
and final authority to decide the merits of the contests. The 
Commission was composed of five Justices of the Supreme 
Court, five United States Senators and five Representatives in 
Congress — eight Republicans and seven Democrats. 

The hearing developed that, in general, with regard to the 
Southern States the Democrats claimed that the returning 
boards of elections had fraudulently excluded enough popular 
votes to elect the Hayes electors, and held that such fraudulent 
exclusion vitiated the election. The opposition contended 
that the Hayes electors were legally chosen and that Congress 
had no authority to go back of the official returns. With 
regard to Oregon there was no question but that the Republican 
electors had received a majority of the votes, but it was shown 
that one of them was an appointee of the Federal Government, 
holding a postmaster's commission. This man resigned as 
postmaster, however, after the election, and was declared by 
the Electoral Commission to be eligible for service as an elector. 
The Southern contests were decided on strict party lines, and 
by a vote of 8 to 7 Hayes was declared entitled to the votes 
of the four States. The Democrats were obliged to accept the 
result, but have always contended that the election by right 
belonged to Tilden. 

Electoral Count. See Electoral Colleges; Elections, 
Presidential. 

Electoral System, Why Adopted. After the Constitu- 
tional Convention had decided on the nature of the Executive, 
they met a difficulty almost equally great in the determination 
of the method of his election. The debate as to who would be 
the best judges of the fitness of a candidate for President was 
long and earnest. There were two plans proposed — election 
directly by the people, or by a select body of men. In the 



Electoral System 266 Electoral System 

latter event either Congress should be empowered to elect, or 
delegates selected by the people at a general election should be 
given the authority. 

It was very generally questioned in the Constitutional 
Convention whether so large and scattered a body as that which 
the entire people constituted could be the best Judge of a 
candidate's qualifications; on the other hand, it was believed 
that the people could select men whom they knew and who 
could form best judgments. 

It was then debated whether Congress could advanta- 
geously perform the duty. Some members of the Convention 
urged that a President who owed his election to Congress would 
be dependent upon his creators, and would very likely seek to 
please Congress in order to secure another election, either for 
himself or for another in whom he might be interested. The 
dangers of intrigue would be greater in a permanent body, like 
the Congress, than in a transient one chosen for a single purpose. 
The final vote on this question decided in favor of a body of 
special electors. 

The question of the number of electors then arose. In the 
Articles of Confederation the States were given equal voice on 
all matters; this plan was opposed by the large States, quite 
naturally, not only with reference to electors, but in its relation 
to other subjects. In the new Constitution a compromise in 
representation of States in the general Government had been 
satisfactorily worked out, and the same principles were accepted 
to apply to the choice of electors. No one could allege that in 
assigning to each State as many electors as it was given Repre- 
sentatives and Senators there was anything unfair. 

Happily it was determined that a man connected in any 
way with the United States Government could not serve as an 
Elector. His service might influence his vote. It was in- 
tended that the men selected in each State for this high and 
responsible task should be unprejudiced and competent, free 
from any suggestion of obligation. 

At the time of the adoption of the Constitution the modern 
plan of National political conventions was not contemplated. 



Electoral Vote 



267 



Electoral Vote 



For many years Presidents were elected without the National 
convention, each elector in the Electoral Colleges being free to 
vote for whomsoever he pleased, bound only to favor some 
man of his political faith. See Electoral Colleges; Nomi- 
nating Conventions; Election, Presidential. 

Electoral Vote. The following table gives the electoral 
vote by States in the Presidential contests since 1896: 





1896. 


1900. 


1904. 


1908. 


State. 


pi 

o 


pq 


pi 

C 
o 


Q 
c 


> 





Q 

0) 

a 


pi 


Q 
d" 

pq 






11 

8 
1 
4 

■ "4 
13 

3 

'io' 

1 
8 

■ "q 

17 
3 
8 
3 

" ii' 


.. .^. 

■ '6 

3 

'24' 
15 
13 
10 

■ '6 

8 
15 
14 

9 

.. .^. 

■ '4 
10 
36 

' "3 
23 


11 

8 

.. .^. 

■ '4 
13 

3 

" 13 

8 

.. .^. 

17 
3 

■ '3' 

"li.' 


■ io 

5 

7 
3 

■ '3 

27 
15 
13 
10 

.. .^. 

1 
16 
14 
11 

"is 

3 
8 
3 
4 
12 
39 

■ ■■ 4' 
23 


11 
9 












California 


8 




Colorado 








Connecticut 


6 
3 








Delaware 








Florida 


5 
13 






Georgia 








Idaho 








Illinois 


24 
15 
13 








Indiana 








Iowa.. 








Kansas 








Kentucky 


12 


13 
9 






Louisiana 






Maine 


6 

8 

15 

14 

9 






Maryland 


7 






Massachusetts 






Michigan 








Minnesota 








Mississippi 


10 






Missouri 








Montana 










Nebraska 










Nevada 










New Hampshire 


4 
10 
36 








New Jersey 








New York 








North Carolina 


12 






North Dakota 


3 
23 






Ohio 








Oklahoma 








Oregon 


4 

32 

4 


.. .^. 

4 
12 
15 

3 

" 12 

4 

.. .^. 


4 
32 

4 
.. .^. 

■ 3' 

4 
.. .^. 

6 

12 

3 


" '9' 

"i2 
15 

"i2' 


4 

34 

4 

.. .^. 

■ '3 

4 

.. .^. 

7 

13 

3 








Pennsylvania 








Rhode Island 








South Carohna , 


9 






South Dakota 






Tennessee 




12 

18 






Texas 
















Vermont 


4 










12 






Washington 










6 
12 








Wisconsin 
















Total 


271 


176 


292 


155 


336 


140 







Emancipation 268 Emancipation Proclamation 

Emancipation. All Legislative acts in the United States 
by which slaves were liberated were called Emancipation Acts, 
with the exception of President Lincoln's drastic measure of 
1863, to which the name "Emancipation Proclamation" [q. v.] 
has been given. Seven of the original States voluntarily 
abolished slavery early in our National history, as follows: 

Vermont, by act of 1777, although it did not become 

a State until 1791 

Massachusetts 1780 

Pennsylvania 1780 

New Hampshire 1783 

Rhode Island 1784 

Connecticut 1784 

New York voted in 1799 to abolish the system gradually, 
but in 1827 passed an absolute emancipation act. 

The remainder of the thirteen original States took no 
action, but permitted the institution to continue legally until 
the Civil War. The District of Columbia was free territory 
after the autumn of 1862. In the case of each new State, the 
question was settled by Congress by general laws or by special 
provision at the time of admission. See Emancipation 
Proclamation. 

Emancipation Proclamation. It was no part of President 
Lincoln's policy upon assuming the duties of his office to inter- 
fere with the institution of slavery where it had a legal existence. 
This is proved in his repudiation of proclamations by Generals 
Fremont and Hunter, by which they sought to free the slaves 
of Missouri and South Carolina. Eventually the President 
was forced to take summary action, merely as a war measure. 
Even then, he delayed decisive action for one hundred days, 
giving the South warning of his intention if they failed to 
return to their allegiance. This step was taken after Congress 
passed a law, in July, 1862, for the suppression of slavery, one 
feature of which declared the absolute "freedom of slaves or 
rebels" under certain operations of war therein defined. The 
President showed himself very patient, for he hoped the better 
judgment among Southern statesmen would prevail to end the 



Emancipation Proclamation 269 Emancipation Proclamation 

great tragedy of war. In September, it having appeared that 
the South would ignore the July Congressional action, the 
President issued the following warning: 

I, Abraham Lincoln, President of the United States of America, and 
commander-in-chief of the Army and Navy thereof, do hereby proclaim 
and declare that hereafter, as heretofore, the war will be prosecuted for 
the object of practically restoring the constitutional relation between the 
United States and each of the States, and the people thereof, in which 
States that relation is or may be suspended or disturbed. 

That it is my purpose, upon the next meeting of Congress, to again 
recommend the adoption of a practical measure tendering pecuniary aid 
to the free acceptance or rejection of all slave States, so-called, the people 
whereof may not then be in rebellion against the United States, and which 
States may then have voluntarily adopted, or thereafter may voluntarily 
adopt, immediate or gradual abolishment of slavery within their respective 
limits; and that the efforts to colonize persons of African descent, with 
their consent, upon this continent or elsewhere, with the previously ob- 
tained consent of the governments existing there, will be continued. 

That on the first day of January, in the year of our Lord one thousand 
eight hundred and sixty-three, all persons held as slaves within any State, 
or designated part of a State, the people whereof shall then be in rebellion 
against the United States, shall be then, thenceforward, and forever free; 
and the Executive Government of the United States, including the military 
and naval authority thereof, will recognize and maintain the freedom of 
such persons, and will do no act or acts to repress such persons, or any of 
them, in any efforts they may make for their actual freedom. 

That the Executive will, on the first day of January aforesaid, by 
proclamation, designate the States and parts of States, if any, in which the 
people thereof respectively shall then be in rebellion against the United 
States, and the fact that any State, or the people thereof, shall on that day 
be in good faith represented in the Congress of the United States, by mem- 
bers chosen thereto at elections wherein a majority of the qualified voters 
of such State shall have participated, shall, in the absence of strong coun- 
tervailing testimony, be deemed conclusive evidence that such State, and 
the people thereof, are not then in rebellion against the United States. 

That attention is hereby called to an act of Congress entitled "An 
Act to make an additional Article of War," approved March 13, 1862, and 
which act is in the words and figures following: 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That hereafter the following shall 
be promulgated as an additional article of war for the government of the 
army of the United States, and shall be obeyed and observed as such:. 

Article — . All officers or persons in the military or naval service 
of the LTnited States are prohibited from employing any of the forcea under 



Emancipation Proclamation 270 Emancipation Proclamation 

their respective commands for the purpose of returning fugitives from 
service or labor who may have escaped from any person to whom such 
service or labor is claimed to be due; and any officer who shall be found 
guilty by a court martial of violating this article shall be dismissed from 
the service. 

Sec. 2. And be it further enacted, That this act shall take effect from 
and after its passage. 

Also, to the ninth and tenth sections of an act entitled "An Act to 
Suppress Insurrection, to Punish Treason and Rebellion, to Seize and 
Confiscate Property of Rebels, and for other Purposes," approved July 
17, 1862, and which sections are in the words and figures following: 

Sec. 9. And be it further enacted, That all slaves of persons who shall 
hereafter be engaged in rebellion against the Government of the United 
States, or who shall in any way give aid or comfort thereto, escaping from 
such persons and taking refuge within the lines of the army; and all slaves 
captured from such persons, or deserted by them and coming under the 
control of the Government of the United States; and all slaves of such 
persons found on (or) being within any place occupied by rebel forces and 
afterward occupied by the forces of the United States, shall be deemed 
captives of war, and shall be forever free of their servitude, and not again 
held as slaves 

Sec. 10. And be it further enacted, That no slave escaping into any 
State, Territory, or the District of Columbia, from any other State, shall 
be delivered up, or in any way impeded or hindered of his liberty, except 
for crime, or some offence against the laws, unless the person claiming 
said fugitive shall first make an oath that the person to whom the labor 
or service of such fugitive is alleged to be due is his lawful owner, and has 
not borne arms against the United States in the present rebellion, nor in 
any way given aid and comfort thereto; and no persons engaged in the 
military or naval service of the United States shall, under any pretence 
whatever, assume to decide on the validity of the claim of any person to 
the service or labor of any other person, or surrender up any such person 
to the claimant, on pain of being dismissed from the service. 

And I do hereby enjoin upon and order all persons engaged in the 
military and naval service of the United States to observe, obey, and en- 
force, within their respective spheres of service, the act and sections above 
recited. 

And the Executive will in due time recommend that all citizens of 
the United States who shall have remained loyal thereto throughout the 
rebellion shall (upon the restoration of the constitutional relation between 
the United States and their respective States and people, if that relation 
shall have been suspended or disturbed) be compensated for all losses by 
acts of the United States, including the loss of slaves. 



Emancipation Proclamation 271 Emancipation Proclamation 

In witness whereof I have hereunto set my hand and caused the seal 
of the United States to be affixed. 

Done at the city of Washington, this twenty-second day of Septem- 
ber, in the year of our Lord one thousand eight hundred and sixty-two, 
and of the Independence of the United States the eighty-seventh. 

By the President: 

Abraham Lincoln. 
William H. Seward, Secretary of State. 

This warning was unheeded, and, true to the threat con- 
tained in it, the Executive, on the day named, issued the 
famous Emancipation Proclamation. It appears below in full: 

Whereas, On the 22d day of September, in the year of our Lord one 
thousand eight hundred and sixty-two, a proclamation was issued by the 
President of the United States, containing, among other things, the follow- 
ing, to wit: 

"That on the first day of January, in the year of our Lord one thousand 
eight hundred and sixty-three, all persons held as slaves within any State 
or designated part of a State, the people whereof shall then be in rebellion 
against the United States, shall be then, thenceforward, and forever free; 
and the Executive Government of the United States, including the military 
and naval authorities thereof, will recognize and maintain the freedom 
of such persons, and will do no act or acts to repress such persons, or any 
of them, in any efforts they may make for their actual freedom. 

"That the Executive will, on the first day of January aforesaid, by 
proclamation, designate the States and parts of States, if any, in which the 
people thereof, respectively, shall then be in rebellion against the United 
States; and the fact that any State, or the people thereof, shall on that day 
be in good faith represented in the Congress of the United States by mem- 
bers chosen thereto at elections wherein a majority of the qualified voters 
of such States shall have participated, shall, in the absence of strong coun- 
tervailing testimony, be deemed conclusive evidence that such State, and 
the people thereof, are not then in rebellion against the United States." 

Now, therefore, I, Abraham Lincoln, President of the United States, 
by virtue of the power in me vested as Commander-in-chief of the Army 
and Navy of the United States in time of actual armed rebellion against 
the authority and Government of the United States, and as a fit and 
necessary war measure for suppressing said rebellion, do, on this first day 
of January, in the year of our Lord one thousand eight hundred and sixty- 
three, and in accordance with my purpose so to do, publicly proclaimed 
for the full period of one hundred days from the day first above mentioned, 
order and designate, as the States and parts of States wherein the people 
thereof, respectively, are this day in rebellion against the United States, 
the following, to wit: 



Embargo 272 Embargo 

Arkansas, Texas, Louisiana (except the parishes of St. Bernard, 
Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, As- 
sumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, 
including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, 
South Carolina, North Carolina, and Virginia (except the forty-eight 
counties designated as West Virginia, and also the counties of Berkeley. 
Accomac, Northampton, Elizabeth City, York, Princess Anne and Norfolk, 
including the cities of Norfolk and Portsmouth), and which excepted parts 
are, for the present, left precisely as if this proclamation were not issued. 

And by virtue of the power and for the purpose aforesaid, I do order 
and declare that all persons held as slaves within said designated States 
and parts of States are, and henceforward shall be, free; and that the 
Executive Government of the United States, including the military and 
naval authorities thereof, will recognize and maintain the freedom of said 
persons. 

And I hereby enjoin upon the people so declared to be free to abstain 
from all violence, unless in necessary self-defence; and I recommend to 
them that, in all cases when allowed, they labor faithfully for reasonable 
wages. 

And I further declare and make known that such persons, of suitable 
condition, will be received into the armed service of the United States, to 
garrison forts, positions, stations, and other places, and to man vessels 
of all sorts in said service. 

And upon this act, sincerely believed to be an act of justice, war- 
ranted by the Constitution, upon military necessity, I invoke the con- 
siderate judgment of mankind, and the gracious favor of Almighty God. 

In testimony whereof I have hereunto set my name, and caused the 
seal of the United States to be affixed. 

Done at the City of Washington, this first day of January, 
[l.s.] in the year of our Lord one thousand eight hundred and sixty- 
three, and of the Independence of the United States the eighty- 
seventh. 

Abraham Lincoln. 
By the President: 
William H. Seward, Secretary of State. 

See, also, Proclamation of Amnesty, under Amnesty, 
Proclamation of, issued just a few days before the publication 
of the Proclamation of Emancipation. 

Embargo. An embargo is a legislative act prohibiting 
the departure of ships or merchandise for foreign parts. The 
causes giving rise to such drastic measures may be to deprive 
other nations of commodities, or as a measure which would 



Embassador 273 Eminent Domain 

bring about the seizure of foreign ships in local ports, or to 
obtain ships in time of emergency for Government use. Twice 
during the history of the United States embargo acts have 
been enforced temporarily in the face of strong opposition, in 
1807 and 1812. For particulars, consult any good United 
States history. See Non-Intercourse Act. 

Embassador. This is another form of the word ambassador 
[q. V.]. 

Embezzlement is the fraudulent removal of personal 
property by a person to whom it has been entrusted, and his 
appropriation of it to his own use. The provisions of common 
law are not defined with sufficient clearness to cove-r all forms 
of misappropriation of property, and new statutes have from 
time to time been enacted creating new criminal offenses. Thus, 
simply taking an article belonging to another with whom the 
culprit has no business relations is larceny; an embezzlement 
is in substance a larceny, aggravated by being the violation 
of a trust or contract. Before a charge of embezzlement can 
be laid against a person, it must appear that he has appropriated 
funds or merchantable goods which were in his care. See 
Larceny. 

Emigrant. A person removing from one part of a country 
to another part of the same country for the purpose of taking 
up a permanent residence there, is an emigrant. This word 
and the word immigrant are often used interchangeably, but 
they are not synonymous, in the strictest sense. See Immi- 
grant. 

Eminent Domain, the right possessed by a Government to 
take private property for public purposes. Consideration of 
public welfare govern the exercise of this right, which may, for 
example, be properly used in procuring land for the construction 
of railroads, waterways and other public utilities. The Fifth 
Amendment to the Constitution provides that just compensa- 
tion shall be made to those from whom property is thus taken. 
If the agents of the Government or corporation desiring to 
purchase property cannot agree with the owner on the question 
of compensation, then an impartial committee or a jury in 



Enacting Clause 274 Enlistment in Army and Navy 

court determines the amount to be paid. Such a case at law is 
called a condemnation suit. 

Enacting Clause, a clause in a bill or act containing legisla- 
tive sanction. The enacting words follow the title and precede 
the enumeration of the provisions of the bill. State Constitu- 
tions and the charters of cities and villages usually prescribe 
the form of the enacting clause. The Michigan State Consti- 
tution, for example, says in Article IV, Section 48: "The 
form of all the laws shall be. The People of the State of Michigan 
enact." A very common form is, "Be it enacted," etc. The 
enacting clause is not a detail of little importance, but is the 
part of the act which gives it vitality. An illustration may be 
given: The charter of the village of Saybrook provides that 
' ' The style of all ordinances of this village shall be, ' The com- 
mon council of the village of Saybrook ordains.' " An ordinance 
governing ball-playing was properly passed but was incorrectly 
copied for publication by the village clerk. The published 
copy read, llie common council of the village of Saybrook 
enacts. The law was thus invalidated and other publications 
were required. Very frequently in legislative bodies some 
member who desires to defeat a bill will move to strike out its 
enacting clause. If he can induce a majority of the members 
to follow his leadership the bill, so amended, fails to become 
effective. (See Act.) 

Enlistment in Army and Navy. All persons applying for 
enlistment in the United States army must not be less than 
18 nor more than 35 years of age. They must also be of good 
moral character, of temperate habits, and be able to pass the 
necessary examination to show that they can speak, read and 
write the English language, and are able-bodied and free from 
diseases. Persons who are under 18 years of age, and who can 
meet all other requirements of the service are accepted for 
enlistment if they can produce the written consent of parent 
or guardian. The term of enlistment is for five years. Height 
and weight requirements are as follows: For infantry and 
coast artillery, height not less than 5 feet 4 inches, weight not 
less than 120 pounds, and not more than 190 pounds. For 



Ensign 275 Envoy Extraordinary 

cavalry and field artillery, the height must be over 5 feet 4 
inches, and under 5 feet 10 inches, while the weight must not 
exceed 165 pounds. 

Applicants for enlistment in the United States navy must 
be over 18 years of age, of American citizenship, and capable of 
reading and writing the English language. The term of enlist- 
ment is for four years, but no person will be accepted until he 
has first passed the medical examination which is prescribed 
by the regulations. No minor (under the age of 18 years) will ■ 
be accepted without the consent of parent or guardian, and 
any minor claiming to be more than 18 years of age in order to 
secure enlistment is liable to punishment. The height and 
weight requirements for those who would enlist in the navy 
are not as strict as in the army. See Discharge from Army 
AND Navy. 

Ensign (a flag). The National flag which is displayed 
by a vessel at her flagstaff is an ensign. Some nations have 
adopted one design of flag for its war vessels, another for mer- 
chant vessels, etc. The United States authorizes only the 
National flag in this connection. Special officers' flags in the 
naval service are not ensigns. 

Ensign (a person). The lowest grade of commissioned 
officer in the United States navy and in the navies of certain 
foreign countries is caUed an Ensign. In rank he compares 
with the Second-Lieutenant of the army. After a cadet gradu- 
ates at the Annapolis Naval Academy, he is a midshipman 
[q. v.], and as such serves two years at sea. If then found 
competent, he is given his commission as Ensign. For three 
years the grade is unchanged, when, if of good record, an 
advance is made to the title of Lieutenant of the junior grade. 
The pay of an Ensign is $1400 per annum. 

Enumeration. The name in the Constitution for the word 
census [q. v.]. 

Envoy Extraordinary, one of the grades of diplomats in 
the foreign service of a country. The full title is "Envoy 
Extraordinary and Minister Plenipotentiary." This official 
ranks in dignity between Ambassador and Minister Resident. 



E Pluribus Unum 276 Equality of the States 

The United States sends about thirty Envoys Extraordinary 
and Ministers Plenipotentiary to foreign Governments. In a 
few cases, one man is accredited to two or more small nations. 
The salaries range from $10,000 to $12,000. The appointment 
of envoys of the United States is by the President, subject to 
confirmation by the Senate; the commission is for four years. 
See Foreign Service. 

E Pluribus Unum. The Latin phrase E Pluribus Unum 
(out of many, one) is the motto of the United States. Its 
selection for this purpose was due, without doubt, to its intro- 
duction on a design submitted for the Great Seal of the United 
States in August, 1776, by a committee composed of Benjamin 
Franklin, John Adams and Thomas Jefferson. This motto on 
United States coins was never authorized by law. The mint 
was established in 1792, but the act in none of its provisions 
gave authority for the use of the phrase. Its use was discon- 
tinued on all coins from 1837, until the standard silver dollar 
was first coined. At various times it has been used, then 
temporarily discontinued. The varying changes are due to 
the fancy of the Treasury officials, who authorize designs for 
all National currency. 

Equality of the States. In the organization of the Federal 
Government, greatest care was taken to insure equal justice 
in the administration of affairs to all States, large and small. 
While in the House of Representatives the larger States were 
given greater power than smaller ones, this was deemed a matter 
of equity, as Representatives were carefully apportioned 
according to population, 10,000 people in any one State having 
no greater representation than the same number in another 
State. However, to conciliate many who professed to see dan- 
ger in a House so composed, it was decided that in the Senate 
there should be equal representation for all States. This 
decision favored the smaller States as against the larger, thus 
generously balancing the scale. 

Naturally, many legislative and judicial acts of one State 
affect in some ways and at certain times citizens of other States. 
The Constitution decrees that "full faith and credit shall be 



Equal Rights Party 277 Era of Good Feeling 

given in each State to the public acts, records and judicial 
proceedings of every other State." No State can refuse to 
recognize as legal any official act of any other State which is in 
conformity with its Constitution. 

Equal Rights Party. This was a faction of the Democratic 
organization, which in 1835 broke away from the main party 
on the issue of opposition to banking institutions and monopo- 
lies of all kinds. It never rose to prominence, although in 1836 
a Presidential ticket was nominated. 

In 1884 another party called by the same name was or- 
ganized by Mrs. Belva A. Lockwood, a lawyer, her platform 
advocating woman suffrage [q. v.]. It did not long survive. 

Equity is simple, natural justice — the establishment of 
right between contending parties. It is a branch of remedial 
justice intended to afford relief to suitors in courts of equity. 
The difference between the practice and remedial justice of a 
court of common law and that of a court of equity is marked 
and material. That of the court of common law is limited 
strictly by the established principles of law. A court of equity 
conducts cases on a broader basis, its processes admitting the 
court to do equitable justice to contending parties, its procedure 
not being laid down step by step by special statute made and 
provided. In many such cases no definite remedy or law exists. 
Whatever seems right in the opinion of the court as between 
the parties becomes the verdict, and the decision may be reached 
after investigation in any manner suggested by the court. 

In most States all judges of courts of record are authorized 
to hear cases of all kinds; in a few States there are special 
courts in which only cases in equity are heard. 

Era of Good Feeling. The period of five or six years 
beginning with 1817 was so called, because of the general satis- 
faction throughout the United States with' political conditions. 
The Federal party was practically dead; the administration of 
President Monroe was conciliatory towards its enemies in poli- 
tics, and the latter were so well satisfied that as a compliment 
to the party in power, they called themselves Federal-Republi- 
cans. At Monroe's second election in 1821 he received all 



Escheat 278 Execution 

except one electoral vote. His choice would have been unani- 
mous, had not one elector refused to honor any other man with 
the unanimity that had characterized the election of George 
Washington. Following the elevation of John Quincy Adams 
to the Presidency in 1826, factional differences again developed 
opposition parties. 

Escheat, the reversion of lands to the Government in case 
of the death of the owner without legal heirs or other persons 
to whom the property is willed. Escheat of lands may be 
regarded as merely falling back into the common ownership of 
the State from which they were originally derived. 

Excise, an inland tax levied upon the production or sale 
of certain commodities, for the double purpose of support of 
the Government and (in some cases) regulation. In levying 
excises, as a rule, those articles are selected whose consumption 
is considered injurious to the people, or at least quite unneces- 
sary to their welfare, such as intoxicating liquors and tobacco 
in their varying forms. The levy of a tax upon such commodities 
arms the Government with police power to supervise the trade 
in them, to some extent. See Impost. 

Execution. The word, in government and law, is used in a 
double sense, although both meanings have a common origin. 
An execution is the final writ or process of a court by which its 
decree or judgment is enforced. It may be directed against the 
body of a party to the action, or against real or personal prop- 
erty. The particular forms in which these writs are drawn 
vary in different States, but the effects are similar. 

In criminal law, execution is not only the court's decree 
of death upon the accused, but, more popularly, the name given 
to the means by which the guilty person's life is taken, whether 
by hanging, electrocution, the garotte or shooting. Whenever 
any person is condemned to suffer death by hanging, for any 
crime of which he shall have been convicted, the punishment 
is generally inflicted within the walls or yard of the jail of the 
county in which he is convicted; and the Sheriff or Coroner of 
the said county attends such execution, to which he invites the 
presence of a physician, the Prosecuting Attorney of the county, 



Executive 279 Executive Departments 

and twelve reputable citizens, selected by himself; and the 
Sheriff, at the request of the criminal, permits such ministers 
of the gospel, not exceeding two, as he may name, and any of 
his immediate relatives, to attend and be present at the execu- 
tion, together with such officers of the prison, and such of the 
Sheriff's deputies as the Sheriff or Coroner, in his discretion, may 
think it expedient to have present. No person under age is 
permitted, on any account, to witness an execution. 

Executive, one who executes or performs certain duties 
prescribed by competent authority. The Executive authority 
of the nation is the President, although the heads of various 
departments in the Government assume Executive functions, 
subject always to the will of the Chief Executive. To properly 
execute and enforce the laws and take such action in all cases 
as shall render enforcement possible is the President's para- 
mount duty. In the accomplishment of this task he appoints 
thousands of officials who attend to the details of the Executive 
Department, not only in the nation, but wherever our interests 
are affected throughout the world. To arm him with power 
to enforce his authority, the Constitution makes the President 
the commander-in-chi6f of the army and navy. 

In a State Government, the Executive authority is not 
vested in one person. The Governor and all other State officers 
chosen at a regular election share the duties of executing the 
laws, although the heaviest burden falls always upon the Gov- 
ernor. Other State officers have prescribed duties which they 
must perform, regardless of the pleasure or displeasure of the 
Governor. See Executive Departments; President of the 
United States. 

Executive Departments. Under the Constitution of the 
United States, the Executive power is vested in a single officer, 
the President. Full responsibility for the proper execution of 
all laws is placed upon him. The Constitution contemplated 
heads of departments who should be subject to the President, 
but these were not enumerated in that document; the number 
was left to the judgment of Congress. There are now nine of 
these Executive departments, those of State, Treasury, War, 



Executive Mansion 280 Executive Session 

Justice, Postoffice, Navy, Interior, Agriculture, and Commerce 
and Labor. These nine heads of departments together form 
the advisory board of the President, called the Cabinet. Most 
of the departments, for convenience in carrying on the vast 
business of the Government, are divided into bureaus. See 
descriptions of the various departments, in alphabetical order; 
also, Cabinet of the President; Presidential Succession. 

Executive Mansion, the official residence of the President 
of the United States and the seat of the Executive Department 
of the Federal Government. For a number of years previous 
to 1903, the needs of the Department severely taxed the capacity 
of the building and the President's private apartments were 
inadequate to his needs. In the year named, important addi- 
tions to the building at each end provided much additional 
space. In the course of time it is expected that a new Execu- 
tive Mansion will be provided for the use of the President and 
his family, giving the latter a privacy they cannot now enjoy. 
See White House. 

Executive Session. The term is applied to secret sessions 
of the Senate of the United States, held at frequent intervals 
for the consideration of matters which it would be contrary to 
public policy to disclose in detail in open session. To exclude 
the public from any session of the Senate at any stage of its 
proceedings, it is only necessary to secure an affirmative major- 
ity vote on some Senator's formal motion to retire into secret 
session for the discussion of executive business. 

There are many matters vital to the welfare of the country 
that the Senate is called upon to decide, and frequently the 
open discussion of these would cause great embarrassment to 
the Government or to men whose personality is involved. For 
instance, the Senate must approve all treaties made by the 
Executive; discussion of these is inevitable, and in the heat of 
debate there might be statements made which, if published- 
would precipitate crises in more than one foreign capital. The 
Senate also confirms Presidential appointments. The discus- 
sion of the fitness of a man for a place of importance is naturally 
less embarrassing for all concerned if it be held behind closed 



Executor 281 Exemptions 

doors. No account of what occurs in such a session is sup- 
posed to reach the pubHc. 

In the early days of the republic, all sessions of the Senate 
were private, and only general information, judiciously selected 
for publication, was given to the public. This condition 
prevailed only about ten years, because considered un-Ameri- 
can. To this old rule of the Senate we trace the present execu- 
tive session; the Senate never Has deemed it wise entirely to 
abandon its early prerogative. 

Executor, a person appointed by a Probate Court to carry 
out the provisions of the will of a deceased person. The desire 
of the deceased, expressed before death, as to an executor, is 
usually given precedence, but the court may appoint another 
person, if such action is considered to be best for the interests 
of the various persons whose interests are involved. 

The duties of an executor are to probate the will, after 
duly qualifying for his position; to take possession of the 
testator's property and to file an inventory thereof with the 
court under whose authority he acts; to pay all just debts 
against the estate and to collect such sums as may be due it. If 
the debts against the estate are large, the court may consent 
to the sale of real estate or other property sufficient to pay 
them. The executor must turn over to the various heirs such 
amounts as is their due after all general claims are settled, and, 
lastly, must render a strict account of his acts to the court. If 
the estate has been properly disposed of, the executor is given 
a fee for his services, which sum is named by the court, and 
discharged from further responsibility. Any person may legally 
refuse to qualify as executor. See Will. 

Executrix. A female executor [q. v.]. 

Exemptions. It is in accord with public policy that the 
citizens of a State may own certain property which shall not be 
subject to taxation. If taxation extended to the smallest 
detail of personal property, a tax regularly collected might 
become, essentially, confiscation. State laws are not uniform 
on the subject, except that in all States the property of the 
Federal Government and of a State or county is always exempt. 



Exemptions 282 Exemptions 

The following compilation of exemptions for all the States 
was correct to January 1, 1908. Changes are seldom made: 

Alabama. — Household furniture up to $150, books, maps, charts, 
etc., except professional libraries, tools of trade up to $25, certain farm 
products, all school and church property. 

Alaska. — Same as Oregon. 

Arizona. — Churches, cemeteries, charitable institutions, schools, and 
libraries; properties of widows and orphans up to $1,000 for a family, 
where total assessment does not exceed $2,000. 

Arkansas. — School and church property in actual use, property used 
exclusively for public or charitable purposes. 

California. — Growing crops, school and church property. 

Colorado. — Real estate of schools and churches in actual use, public 
libraries. 

Connecticut.— Household furniture up to $500, property of honorably 
discharged soldiers and sailors up to $1,000, tools of trade up to $200, 
school and church property, parsonages up to $500, pubhc hbraries, pri- 
vate libraries up to $200, certain farm products. 

Delaware. — Household furniture, books, maps, charts, etc., belong- 
ing to churches or charitable institutions, and all professional books, tools 
of mechanics or manufacturers in actual use, stock of manufactories on 
hand and imported merchandise, products of farms, vessels trading from 
ports of the State, all school and church property. 

Florida. — Household property of widows with dependent families 
and cripples unable to perform manual labor up to $400, all public libraries, 
church and school property. 

Georgia. — Public libraries, church and school property. 

Zda/io.— Household property up to $200, tools of trade, growing 
crops, books, school property, church property in actual use and not 
rented. 

/ZZwois.— Church property in actual use, property of agricultural 
societies United States public buildings, cemeteries, and certain other 
public property. 

Indiana.— FnhWa libraries, school property (with land not to exceed 
320 acres), church property in actual use. 

/owa.— Kitchen furniture and bedding, public libraries, private 
libraries up to $300, tools of trade up to $300, certain farm products, 
school property including residences of teachers and land up to 640 acres, 
church property in actual use. 

Kansas.— Household furniture up to $200 for each family, private 
libraries up to $50 and all public libraries, sugar manufactories, school 
buildings including land not to exceed 5 acres, church property in actual 
use including land not exceeding 10 acres. 



Exemptions 283 Exemptions 

Kentucky. — Articles manufactured in family for family use, public 
libraries, certain farm products, all church and school property. 

Louisiana. — Household furniture up to $500, public libraries, school 
and church property, and until 1899 certain specific manufacturing prop- 
erty. 

Maine. — Household furniture up to $200 for each family, libraries 
for benevolent or educational institutions, a mechanic's tools necessary 
for his business, certain farm products, vessels being constructed or re- 
paired, school property, church property in use and parsonages up to 
$6,000 each. 

Maryland. — Libraries of charitable or educational institutions, tools 
of mechanics or manufacturers' use by hand, all unsold farm products, 
school and church, property. 

Massachusetts. — Household furniture up to $1,000, all farming tools, 
mechanics' tools up to $300, public libraries, vessels engaged in foreign 
trade, school property, church property in actual use. 

Michigan. — Household furniture, public libraries, private libraries 
up to $150, $200 of personal property besides special exemptions, church 
property in actual use and school property. 

Minnesota. — Each taxpayer entitled to exemption on $100 personal 
property selected by himself, public libraries, church and school property. 

Mississippi. — Household furniture up to $250, certain farm products, 
tools of trade, cemeteries, school and church property, and until 1900 cer- 
tain specified manufactories. 

Missouri. — Cemeteries, church property, school property including 
land not to exceed one acre in the city and five acres in the country. 

Montana. — Books of educational institutions, school property and 
church property in actual use. 

Nebraska. — Libraries of schools and charitable institutions, school 
and church property in actual use. 

Nevada. — Household furniture of widows and orphans, property of 
educational institutions established by State laws, church property up to 
$5,000. 

New Hampshire. — Certain farm products, school and church prop- 
erty. 

New Jersey. — Household furniture of firemen, soldiers and sailors 
up to $500, libraries of educational institutions, school and church prop- 
erty. 

New Mexico. — Public libraries, school and church property, mines 
and mining claims for ten years from date of location, irrigating ditches, 
canals and flumes, cemeteries. 

New York. — Buildings erected for use of college, incorporated 
acadenay or other seminary of learning; buildings for public worship, 
school houses, real and personal property of public libraries; all stocks 



Exemptions 284 Exemptions 

owned by State, or literary or charitable institutions; personal estate of 
incorporate company not made liable to taxation; personal property and 
real estate of clergymen up to $1,500; there are also many special exemptions. 

North Carolina.— Each, taxpayer entitled to $25 exemption on per-' 
sonal property of his own selection, public libraries, property used exclu- 
sively for educational purposes, church property in actual use. 

North Dakota. — Books, maps, etc., church and school property. 

Ohio. — Personal property up to $50, libraries of public institutions, 
church and school property, cemeteries. 

Oklahoma. — No laws yet on the subject (1908) . 

Oregon. — Household furniture up to $300, books, maps, etc., church 
and school property. 

Pennsylvania. — Household furniture, books, maps, etc., tools of trade, 
products of manufactories, all products of farms except horses and cattle 
over four years old, water craft, property of all free schools, church prop- 
erty in actual use. 

Rhode Island. — School property and endowments, buildings and 
personal estates of incorporated charitable institutions, church buildings 
in use, and ground not to exceed 1 acre. 

South Carolina. — Household furniture up to $100, all necessary 
school and church buildings and grounds not leased. 

South Dakota. — Household furniture up to $25; all books, etc., belong- 
ing to charitable, religious, or educational societies, school property, 
church buildings in actual use, and parsonages. 

Tennessee. — Personal property to the value of $1,000, articles manu- 
factured from the products of the State in the hands of the manufacturers, 
all growing crops and unsold farm products, school and church property. 

Texas. — Household furniture up to $250, books, maps, etc., school 
and church property. 

Vermont. — Household furniture up to $500, libraries, tools of me- 
chanics and farmers, machinery of manufactories, hay and grain sufficient 
to winter stock, school and church property. 

Virginia. — Public libraries and libraries of ministers, all farm pro- 
ducts in hand of producer, church and school property. 

Washington. — Each taxable entitled to $300 exemption from total 
valuation, free and school libraries, church property up to $5,000, public 
schools, cemeteries, fire engines. 

West Virginia. — Public and family libraries, unsold products of pre- 
ceding year of manufactories and farms, colleges, academies, free schools, 
ehurch property in use, parsonages and furniture. 

Wisconsin. — Kitchen furniture, all libraries, growing crops, school 
property with land not exceeding 40 acres, church property in actual use. 

Wyoming, — Public libraries, church and school property. 



Exequatur 285 Export 

Exequatur, a Latin word, meaning "Let him perform." In 
international law the term is applied to the official warrant 
given to a Consul or Consul-General by the Government to 
which he is sent. As soon as a new appointee of the above 
rank reaches the capital of the country to which he has been 
appointed, he presents his credentials; if these are found 
satisfactory and the new official is not persona non grata [q. v.] 
he is given his exequatur. 

Ex Officio is a term borrowed from the Latin, meaning 
"by virtue of," or "because of position." A mayor may be a 
member of a certain committee in municipal affairs because his 
knowledge of matters will be valuable; he is not regarded, 
however, as a working member of that committee, but rather 
as an ex officio member, and as such he has no vote. Many 
officers are ex officio members of various executive committees. 

Expatriatton, the act of banishment, or the «tate of exile 
or special alienation from one's native land, for whatever cause, 
whether political exile or voluntary emigration. In the United 
States expatriation for political reasons is foreign to the spirit 
of our institutions, but the right to renounce the privilege and 
liabilities of citizenship has always been upheld by us. In the 
early days of the republic, no other nation recognized the right 
of a citizen or subject to forswear allegiance to his country and 
become a citizen or subject of another country. We fought 
one war partly to vindicate this right. 

Curiously enough, while we welcome to our citizenship 
people of all nations, the right of voluntary renunciation of 
allegiance to the United States by one of our own citizens was 
unsettled, so far as legislation was concerned, until 1868. In 
that year Congress asserted that expatriation "is a natural and 
inherent right of all people." In this declaration, however, it 
merely gave official approval to the uniform decisions of our 
Department of State for many years. All leading nations now 
recognize the right, but many were long in giving legal sanction 
to it. See Naturalization; Oath of Allegiance. 

Export. It is in accordance with public policy that any 
Government shall have the right to determine what goods of 



Ex Post Facto Law 286 Ex Post Facto Law 

foreign manufacture may or may not be received at its ports for 
distribution anywhere in its territory. Every nation has 
therefore provided legislation determining what goods it shall 
be legal to bring across its borders and under what conditions. 

It is also within the province of a Government to decree 
what goods may or may not be sent out of its jurisdiction. The 
doctrine that a country may refuse its citizens or subjects the 
right to sell in foreign lands any personal property is not well 
understood, but the right certainly exists. There may be the 
best of reasons under stress of circumstances when public 
welfare demands that exports of certain commodities cease. 
For instance, in Russia, in 1905, a serious failure of crops 
occurred, occasioning untold suffering. It happened that 
wheat was scarce in many markets of the world, and the price 
correspondingly high; owners of wheat in Russia were able to 
get better prices in foreign markets than their fellow-subjects 
could afford to pay. The Russian Government promptly 
ordered wheat export to cease until home conditions were 
ameliorated. England once ordered exports of all foodstuffs 
to cease during a period of depression. There never has arisen 
in the United States the necessity for like action respecting any 
commodity. See Imports; Tariff. 

Ex Post Facto Law. It is proper that any law shall not 
be in effect until a certain number of days after its passage; a 
delay in putting a statute into operation gives everybody an 
opportunity to become acquainted with its provisions. When 
public welfare demands prompt action to meet an emergency, 
however, a law may become effective upon the day it is passed 
and signed by the Executive. 

In former times in European countries, mainly for question- 
able political reasons, a new law sometimes contained a pro- 
vision that it should take effect upon a certain date prior to its 
passage — one month, six months, a year, possibly. Such a law 
was called an ex post facto law; the term means, "after the 
fact." In effect, such a statute provided that a man could 
be punished for an act made illegal by that statute, although 
the deed was not in violation of any law on the date when it 



Expounder of the Constitution 287 Exterritoriality 

was committed. Were it possible to enact and enforce such 
statutes at the present time, a person would never know when 
he commits some lawful act today whether in a week that act 
might be made a crime by a new law which would date back in 
operation and cover that deed. 

An ex post facto law, then, is a law which makes a deed 
a crime which was not a crime when it was committed. Such 
a law was occasionally very convenient in the days when kings 
ruled by might and "divine right;" political opponents could 
be disposed of by the application of their cases of ex post facto 
laws cunningly devised to fit particular cases. There are cases 
at law in every country today, in which accused persons, al- 
though guilty as charged, might be made to suffer unduly by 
the application of the ex post facto principle. One illustration 
may be given: On January 1st a man is arrested for burglary; 
the maximum penalty in the State for conviction on this charge 
is, say, ten years. The Legislature in March raises the penalty 
which may be imposed for that crime to fifteen years. The 
accused is tried in April, is declared guilty, and the heaviest 
penalty of the law is prescribed by the jury. The court may 
sentence the man to but ten years' imprisonment, because the 
law he violated provided only that maximum punishment. 
He could not be convicted of violating the law passed in March. 

Not only does the Constitution of the United States 
expressly decree that no ex post facto law shall be passed, but 
in no enlightened country today is such legislation permitted. 

Expounder of the Constitution. This term was applied 
to Daniel Webster, because of his forceful and exhaustive dis- 
cussions of the Constitution. 

Exterritoriality. By common consent, recognized as a 
polite fiction of international law, a sovereign visiting in a 
foreign land is not considered out of his own territory; that is, 
boundary lines are conveniently disregarded and admit of tem- 
porary limitless expansion. This unusual condition was brought 
about by the natural desire of kings and princes to travel, 
which pleasure was in many instances denied them because of 
laws which forbade them the privilege to go beyond the bounds 



Extradition 288 Extradition 



of their domains. The fiction by which a king was thus able 
to pay his respects to a brother potentate in a manner his sub- 
jects were wilhng to accept as legal was called "exterritoriality." 

Its importance in governmental relations today lies in 
the broad application of the ancient principle to the cases of 
Ambassadors, Ministers, special {jovernment agents, etc. 
Within certain limitations, today our representatives as various 
world's capitals are enjoying exterritorial rights. The laws of 
their own land are extended to cover and protect them, and by 
our national authority — Congress, sustained by the Supreme 
Court — they are considered as not being out of our country. 
Such a ruling is quite necessary, to protect the personal citizen- 
ship rights and political privileges of the men we send abroad 
to represent the Government. The Constitution decrees that 
no man may become President who has not ''been fourteen 
years a resident within the United States." State Constitutions 
very generally provide that no man may be Governor who has 
not been a resident of the State for a certain number of years 
preceding his election. Any person with lofty political aspira- 
tions would refuse to live abroad as representative of our Gov- 
ernment for a term of years, if such position would in any sense 
disqualify him as a candidate for high office. Ignoring this 
international understanding, it is merely a matter of justice 
that a man abroad on his country's business, for no matter how 
long or short a period, should retain every right to which his cit- 
izenship would entitle him if he remained at home. See 
Ambassador; Diplomatic Service. 

Extradition. The process by which one nation turns 
over to another a person who is fleeing from justice is called 
extradition. A man may commit a serious crime in any part 
of the United States and between its commission and discovery 
succeed in escaping to a foreign land. It is impossible for our 
authorities at their pleasure to pursue a fugitive wherever his 
trail leads; as soon as we cross the boundary separating our 
country from another, we must rely upon such friendly legal 
assistance as may be voluntarily offered us by the neighbor- 
ing authorities. 



Extra Session 289 Extraterritoriality 

For the protection of society, it is universally recognized 
that criminals shall not evade punishment, if their apprehen- 
sion is possible; therefore, among enlightened nations has arisen 
the practice of mutually surrendering such fugitives to the 
authorities of the complaining country. This practice in 
nearly all cases is founded on express treaty agreements. The 
United States never turns a hunted person over to another 
country for punishment except in strict conformity to treaty 
stipulations. Very frequently subjects of foreign countries 
flee to the United States for refuge from political persecution, 
and as we recognize the right of every man to hold whatever 
political views he pleases, the Government guarantees him 
protection as long as society is not threatened by his acts or 
utterances. If the privilege extended is abused, then our laws 
provide punishment, without reference to the laws or practice 
of any other country. Only for crimes included within the 
term felony may a man be extradited from the United States. 
See Requisition. 

Extra Session, a term referring to sessions of Congress, 
called at unusual times by the President of the United States, 
for the consideration of such urgent Government business as 
in his opinion cannot wait the next regular session. A call 
for such a session may include both divisions of Congress, or 
the Senate or the House of Representatvies, alone, as the 
nature of the public business demands. Nearly always upon 
the inauguration of a new President, the Senate is convened 
in extra session to confirm appointments to the new Cabinet. 
The authority of the President to convene Congress in extra- 
ordinary session is contained in the Constitution, Article II, 
Section 3. Only about a dozen times since the founding of 
the Government have there been calls for special sessions of 
both Houses of Congress. 

Extraterritoriality, another form of exterritoriality [q. v.]. 



Faneuil Hall, a public meeting-house in Boston, built in 
the years 1740-42 and presented to the city by Peter Faneuil, 
the proprietor of a large business establishment. It was 
almost entirely rebuilt in 1763. Just before the Revolution, 
and during the first months of the war, it was the scene of many 
political meetings, notably those of the "Sons of Liberty," 
and has subsequently been known as the "Cradle of Liberty." 
In 1805 the build- 
ing was enlarged to 
its present dimen- 
sions, 80 by 100 ft., 
and a story was 
added. The base- 
ment is a market. 
In the hall above 
are several famous 
paintings, the most 
noted of which is 
Webster "Replying 
t o Hayne," b y 
Healy. 

Farmers' Alliance, a political party organized in the State 
of New York in 1873. At its inception its objects were mainly 
social and educational, but with the development of other 
organizations of the same name in various parts of the country, 
it soon became a political force. In 1890 it was at the height 
of its popularity, and in that year at its National convention 
it declared in its platform for the following principles of 
government : 

[1] Laws prohibiting speculative dealings in agriciiltural products. 

[2] Free and unlimited coinage of silver. 

[3] Government control or Government ownership of all lines of 
transportation and communication. 

[4] Prohibition of ownership of land by any except American citizens. 

290 




FANEUIL HALL, BOSTON 



Father Abraham 291 Federalist Party 

[5] A plan for lending money to farmers on the security of farm 
products. 

At one time the membership of the Farmers' Alhance was 
nearly 1,300,000, but by 1895 it had decreased until the party 
organization was no longer continued; its remaining adherents 
joined the People's party [q. v.]. See Political Parties in 
THE United States. 

Father Abraham, the title of affection bestowed through- 
out the North upon President Lincoln. 

Father of His Country. In recognition of his Herculean 
labor in the establishment of the Government of the United 
States, this name has been applied to George Washington. 

Father of the Constitution. Because he was the author 
of the resolution in the Virginia Legislature which led to the 
meeting of the Constitutional Convention, James Madison is 
honored with this title. 

FederaUst Papers. Eighty-five essays upholding the new 
Constitution, bearing the name of ''Federalist Papers" appeared 
in the Independent Gazetteer of New York during six months 
immediately following October, 1787. They were written by 
James Madison, Alexander Hamilton, John Jay and others, and 
were so forceful that the principles promulgated in them became 
the rallying cry of a strong National political organization. 
The "Federalist Papers" are valuable interpretations of the 
Constitution. 

Federalist Party. The debate throughout the thirteen 
States of the new republic on the adoption of the Constitution 
as drawn by the Convention of 1787 was spirited. A great deal 
of opposition developed; even in the Convention there had not 
been perfect harmony, and the delegates who opposed many 
features of the document carried the campaign against it into 
their home States. The advocates of adoption called them- 
selves Federalists; the name was in harmony with the object 
they sought to attain, namely, the success of the campaign in 
behalf of the Constitution, which would bind the States more 
closely as a so-called confederation. Naturally the Federalists 
became a formidable political party; they won the cause for 



Pees 292 Fellow Citizens 

which they argued and until 1800 held supreme political power 
in the United States. In 1800 they suffered defeat, Thomas 
Jefferson, an Anti-Federalist being elected President. By this 
time, however, the Constitution had proved a thoroughly 
satisfactory fundamental law, and the old issue between the 
Federalists and Anti-Federalists disappeared. New issues were 
the constructions to be placed upon the various parts of the 
Constitution (see Construction of the Constitution) and 
our foreign relations. In 1812 the Federalists became very 
unpopular on account of the second war with Great Britain. 
By 1816 the party had become so weak that its candidate for 
President received the electoral vote of but two States. Monroe, 
the Republican candidate, became a popular President, and in 
1820 he was unanimously elected for a second term. The 
Federalists then disappeared as a party. 

The Federalist party was the beginning of the Republican 
party of the present day; the Anti-Federalists, through several 
changes in name and policy, became the present-day Demo- 
cratic party. See Democratic Party; Presidents, Politics 
OF the; Republican Party. 

Fees. Nearly all officials, local, State and National, are 
paid a stated salary for their services, which sum the Federal 
Constitution and nearly all State Constitutions decree shall not 
be increased nor diminished during their terms of office. A 
few local officers, however, are paid a certain fee, in lieu of a 
salary, for each item of public business transacted. While 
such a plan of remuneration is probably best where the office 
does but very little business, it is liable to lead to great abuses 
in more important offices. The fee system, therefore, is being 
discontinued in the best governed States and municipalities. 

Fee Simple is an estate belonging to a person and his heirs, 
absolutely. It is a possession irrevocable and in perpetuity, 
where lands are willed without any limitation upon the rights 
of the person receiving them, to keep or dispose of as he may 
devise. 

Fellow Citizens. Before independence was secured to the 
English colonists of America, the people were "subjects" of a 



Felony 293 Filibuster 

foreign power. The first time the term "fellow citizens" was 
used in America in a public manner was by Governor Patrick 
Henry, of Virginia, on July 1, 1776, on the occasion of his 
inaugural address. 

Felony, A felony is an offense of a serious nature, pun- 
ishable by death or long imprisonment in the ^tate prison or 
other reformatory. It was punished under the old common 
law by forfeiture of land or goods, or both. Under the Con- 
stitution, it is not possible to extend any penalty farther than 
the loss of life or liberty of the person or persons involved. If 
less than a felony, an offense is a misdemeanor. 

In feudal law, felony meant forfeiture for an offense on 
the part of a vassal against his superior lord that cost him 
his feud, or titles to lands, which then reverted to the lord of 
the fee, or, in case of a crime against society, the Crown. 

Fiat Accompli, a phrase from the French, meaning an 
accomplished fact. In government, it is used to indicate 
acquiescence in results secured from a political move. Even 
though in every case the means might not have been strictly 
legal, there is no disposition to question the result. 

Fiat Money. The word fiat means decree; therefore fiat 
money is currency made legal by Legislative act, regardless of 
the fact that it has no basic value in itself. A stable currency 
always is redeemable in gold or silver, deposited in the Treasury 
of the United States. Paper money in itself represents no 
intrinsic value; it may become valuable by the promise of the 
Government to pay to its bearer on demand in gold or silver, as 
the case may be, its face value. Fiat money is also called 
credit money. See Currency. 

Field Officer, a military term which is applied to every 
officer of an army above the rank of Captain and below the 
different grades of Generals. Line officers are those below 
and including Captains; field officers up to and including the 
grade of Colonel; general officers, those above Colonels. See 
Comparative Rank in Army and Navy. 

Filibuster, an Anglicized form of the term applied to the 
Spanish pirates in the West Indies during the seventeenth 



Fine 294 Fishing Bounties 

century. As now used the word has two meanings: (1) a 
military adventurer who without authority interferes in the 
affairs of a foreign Government with which his country is at 
peace; (2) an attempt to defeat or delay proposed legislation 
by artful practices. 

Fine, a form of punishment levied against an' offender by 
a judicial tribunal, and payable in cash to the injured munici- 
pality or State. In case the person convicted is unable to 
provide the money necessary to meet the fine, he must suffer 
imprisonment for a number of days computed as equitable to 
the amount of his fine. In some States this is averaged at $1 
per day imprisonment, and in other States as high as $5 per 
day imprisonment. The amount of a fine is usually left to the 
discretion of the court, but there is in the Federal Constitution,. 
Amendment VIII, ample protection of every citizen against 
the imposition of excessive fines. If an accused person is fined 
an amount which he deems excessive, he has the right of appeal 
to a higher court. If the latter accepts the appellant's view 
of the matter, the case is remanded back to the lower court for 
rehearing. 

Fire Eater. Before and during the Civil War, a person of 
radical Southern views was termed by Northern people a "fire 
eater." Happily the phrase has now no significance. 

First Colonial Congress. See Colonial Congress. 

Fiscal Year. Fiscal means financial. A fiscal year is the 
financial year of a corporation or Government; its twelve- 
months period of business may end on December 31st or on 
any other day, at the end of which the year's accounts are 
balanced. The fiscal year of the United States 'Government 
ends on June 30th. 

Fishing Bounties. In colonial days Great Britain encour- 
aged the fisheries industry along our coasts by generous boun- 
ties, and the loss of these after the Revolutionary War was 
keenly felt. In 1792 an act of Congress re-established the 
system, on the theory that the nation would be benefited, as 
well as individuals, for the fisheries would prove a practice 
ground out of which seamen could be mustered in case of war. 



Five=Twenties 295 Flag of the United States 

That the law-makers were far-sighted was demonstrated within 
twenty years, when the second war for independence was 
declared. The law of 1792 provided that all vessels employed 
for a period of at least four months yearly on the Newfound- 
land fisheries were entitled to bounties ranging from $1.25 to 
$2.50 per ton, in the proportion of three-eighths to the vessel- 
owners and five-eighths to the fishermen. The law was repealed 
before 1820. 

Five=Twenties. The usual method by which the United 
States borrows money is by issuing Government bonds. They 
were formerly issued for terms of ten, twenty or thirty years, 
with the condition that they might be redeemed at the pleasure 
of the Government. During the Civil War, and immediately 
thereafter, bonds in great numbers were issued. Many of these 
were payable not before five years, and not later than twenty 
years from the date of issue. These were called five-twenties. 
Others were issued payable in not less than ten years and not 
more than forty years; these were called ten-forties. 

Flag of the President. Every modern nation provides an 
ensign of special design to be used to indicate the presence of 
its ruler on board a naval vessel. Until 1882 the United States 
made no such provision for its President. The omission of such 
a naval regulation was called to the attention of Congress by 
President Arthur, and in the year named an ensign was adopted. 
The flag has a blue ground, with the arms of the United States 
in the center. It must be displayed at the mainmast of any 
vessel bearing the President. 

Flag of the United States. Even before the Declaration of 
Independence was published to the world, the spirit of nation- 
ality was strong in the colonies, and in the earliest days of the 
Revolutionary War recruits from various parts of the country 
reported at army headquarters, bearing flags of various designs, 
all intended to emphasize the dominant sentiment of the 
people. 

The "Star Spangled Banner" was of gradual growth. There 
is no record of its birth. The first resemblance to a National 
flag dates from the result of labor of Benjamin Franklin and 



Florida 296 Florida 

two associates, who were chosen a committee of Congress to 
create a National flag. They adopted an emblem with thirteen 
stripes, alternating red and white, quite similar in some respects 
to England's flag. They explained that this resemblance should 
be shown because "although the colonies unite for defense 
against England's tyranny, they still acknowledge her sover- 
eignty." This flag was hoisted in January, 1776. The first 
recorded Legislative action for the establishment of a National 
flag was in June, 1777, by the Continental Congress, in session 
in Philadelphia, and was as follows: 

Resolved, that the flag of the thirteen United States be thirteen 
stripes, alternating red and white; that the Union be thirteen stars, white 
in a blue field, representing a new constellation. 

The act of Congress by which the flag in its present form 
was finally adopted was reported from the proper committee 
in the House of Representatives in January, 1818, and adopted 
sixty days thereafter. It was entitled, "An Act to Establish 
the Flag of the United States" and in full is as follows: 

Section 1. Be it enacted, that from and after the fourth day of 
July next, the Flag of the United States be thirteen horizontal stripes, 
alternate red and white; that the Union have twenty stars, white, in a 
blue field. 

Section 2. And be it further enacted, that on the admission of 
every new State into the Union, one star be added to the Union of the flag, 
and that such addition shall take effect on the fourth of July next succeed- 
ing such admission. 

Approved April 4, 1818. 

Florida was settled and named by the Spaniards, the first 
of whom, under Ponce de Leon, visited its shores in 1513. Its 
government was under Spanish authority until 1763, when 
the territory was ceded to Great Britain, which nation retained 
it twenty years, then turned it back to Spain, whose authority 
continued until 1800. In that year France was ceded all the 
territory lying west of the Perdido River. In 1812 the United 
States took possession of the western part of what is now 
Florida, claiming it to have been included in the Louisiana 
Purchase. During the War of 1812, the British held Pensacola 
for a short period, but it was soon retaken by American troops. 



Flotsam, Jetsam and Lagan 



297 



Flotsam, Jetsam and Lagan 




STATE SEAL OF FLORIDA. 



On March 30, 1822, Congress organized the Territory of Florida, 
and on March 3, 1845, it was admitted as a State to the Union, 
continuing in this relation until January, 1861, when an ordi- 
nance of secession carried the State over to the Confederacy. 
On February 6, 1868, a new Constitution was adopted, and in 
June of the same year the State re-entered the Union. 

Government. Florida is now under 
its second Constitution, which was 
adopted in 1887. It may be amended 
by a two-thirds' vote of each House of 
the Legislature, but the proposition 
must be submitted to the voters of the 
State for majority approval. All mar- 
riages between white and colored persons 
are prohibited; no railroad company 
may issue passes to any State official; the Legislature may not 
create any office the term of. which is for more than four years. 
The Executive Department consists of the Governor, the Secre- 
tary of State, Treasurer, Comptroller, Attorney-General, Commis- 
sioner of Agriculture and Superintendent of Public Instruction, 
all elected by the people for four years. The Legislature con- 
sists of a Senate of thirty-two members, elected for four years, 
one-half retiring every two years, and a House of Representa- 
tives of sixty-eight members elected for two years. Regular 
sessions of the Legislature are held biennially, and are limited 
•to sixty days; if special sessions are necessary, they are called 
by the Governor and are limited to twenty days. . Compensa- 
tion of members is six dollars per day and mileage. The 
Judicial power is vested in a Supreme Court, consisting of a 
Chief Justice and two Associate Justices, elected for six years, 
one retiring every two years; in addition, there are eight Circuit 
courts and the usual array of criminal courts. County courts 
and Justices of the Peace. Each county in the State is governed 
by five Commissioners elected for terms of two years. 

Flotsam, Jetsam and Lagan. Flotsam consists of the 
goods of a ship that has been lost, which are floating on the 
surface of the water; in some countries it includes floating 



Force Bill 298 Foreign Coins 



property thrown overboard to lighten a vessel in peril. Lagan 
consists of those goods thrown overboard which afterwards 
sink, and whose location is marked by a buoy. The exact 
meaning of jetsam has been lost and now has no significance 
apart from flotsam. 

Flotsam, jetsam and lagan found in the open sea belong 
to the finder, if the owner is unknown; if taken within the 
three-mile limit, however, yet off the shore, different disposi- 
tions are decreed by different countries; in England such 
property goes to the Crown; in the United States, to the finder, 
unless it is identified by the owner within a reasonable time. 

Force Bill. This name has been popularly applied to 
several Federal laws whose object has been to provide means 
for properly enforcing certain statutes obnoxious to the sections 
where their operation was keenly resented. The first became 
a law on March 2, 1833, during the Nullification [q. v.] excite- 
ment; it was passed to enforce the revenue laws which Carolina 
had repudiated. Another force bill was that of May, 1870, 
designed to enforce the Fifteenth Amendment. The last act 
of this nature became a law in 1890; its object was to uphold 
the dignity of the elective franchise in certain Southern States. 
It was soon repealed. 

Foreclosure is the legal process by which the collection of 
a real-estate mortgage is enforced. The statutes governing 
foreclosure vary in different States, but in nearly all of them a 
sale of real estate to satisfy a mortgage cannot be held until 
after publication of intention for three months in a newspaper 
of the county in which the property is located, and the posting 
of a notice of such proposed sale in a conspicuous position on 
the property. Any money realized from the sale above the 
amount of the mortgage and expenses incident to foreclosure 
must be given to the mortgagee. 

Foreign Coins, Value of. The relative value of coin of 
the United States and foreign countries varies but little. The 
following table will be found approximately correct at any 
date. Whether the coin named is gold, silver or copper is 
indicated by the letters g., s., c. 



Foreign Office 



299 



Forfeiture 



Coin. 



Argentina, g. 
Balboa, g. . . . 
Bolivar, s. . .. 
Boliviano, s . . 
Centavo, c. . . 
Centime, c. . . 

Colon, g 

Condor, g. . .. 

Crown, s 

Crown, s 

Crown, s 

Crown, s 

Crown, s 

Dollar, g 

Dollar, s 

Dollar, g 

Doubloon, g. . 
Drachma, s. .. 

Escudo, g. 

Farthing, c. . , 

Florin, s 

Florin, s 

Florin, g 

Franc, s 

Gourde, s. 

Guilder, s. . .. 

Guinea, g. 

Gulden, s.. . . 

Heller, s 

Kopeck, c. . . 

Kran, s 

Libra, g 





U. S. 


Country. 


equiva- 




lent. 


Argentine 


S4.82 


Panama 


1.00 


Venezuela 


.19 


Bolivia 


.48 


Mexico 


.005 


France 


.002 


Costa Rica 


.46 


Chile 


7.30 


Austria 


.20 


Denmark 


.27 


Great Britain. .. 


.77 


Norway 


- .27 


Sweden 


.27 


Brit. Honduras . 


1.00 


Mexico 


.498 


Liberia 


1.00 


Chile 


3.65 


Greece 


.19 


Chile 


1.82 


Great Britain. .. 


.005 


Austria 


.40 


Great Britain. .. 


.50 


Netherlands. .. . 


.40 


France 


.19 
.96 


Haiti 


Netherlands. .. . 


.40 


Great Britain. .. 


5.04 


Austria 


.48 


Austria 


.004 


Russia 


.005 
.09 

4.87 


Persia 


Peru 





Coin. 



Lira, s 

Lira, g 

Mark, s 

Mark, g 

Medjidie, g . 
Milreis, s. . . . 
Milreis, g. .. . 

Ore, c 

Penny, c 

Peseta, s 

Peso, g 

Peso, s 

Peso, g 

Peso, g 

Peso, g 

Peso, g 

Peso, g 

Pfennig, c. . 
Piaster, s. .. 
Pound, g. .. 
Pound, g. .. 
Ruble, g. . . . 

Rupee, s. 

Scudo, g, s. . 

Sen, c 

Shining, s. . . 
Sixpence, s.. 

Sol, s 

Soldo, c 

Sovereign, g. 

Sucre, g 

Tael, s 

Yen, Si 



Country. 



U. S. 
Equiva- 
lent. 



Italy 

Turkey 

Germany 

Finland 

Turkey 

Brazil. 

Portugal 

Scandinavia. 
Great Britain 

Spain 

Argentine. . . . 
Central Amer. 

Chile 

Colombia. . .. 

Cuba 

Philippines. . 

Uruguay 

Germany 

Turkey 

Egypt 

Great Britain 

Russia 

India 

Italy 

Japan 

Great Britain 
Great Britain 

Peru 

Italy 

Great Britain 

Ecuador 

China 

Japan 



to. 19 

4.40 

.24 

.19 



55 
08 
0025 
02 
19 
96 
48 
36 
00 
91 
50 
03 

0025 
04 
94 
87 
51 
32 
95 
.005 
.24 
,12 
49 
01 



4.87 
.48 



Foreign Office. That department of the Government of 
Great Britain and of nearly all other European countries in 
whose hands are its diplomatic relations with other Govern- 
ments is called the Foreign Office. It occupies the same posi- 
tion in the machinery of government as our Department of 
State. 

Foreign Service. See Diplomatic Service. 

Foreign Valuations is a term related to customs duties, 
or tariff. The dutiable value of imports, or the valije placed 
upon imports at our customhouses, is the market value at the 
time of exportation in the country from which the goods are 
shipped. This basis upon which tariff is levied is called foreign 
valuation. Only one tariff bill, that of 1833, has scheduled 
tariff rates at home valuation. See Customs Duties. 

Forfeiture is the form of law by which a person is divested 
of his rights in property, without compensation, as a penalty 
for violation of a statute. In the United States crime against 



rorgery 



300 



Fort 



any State may be punished by fine and imprisonment, but the 
State cannot declare the goods of a condemned person forfeited. 
Smuggled goods cannot be claimed as the absolute property 
of the person claiming title, for they bear the taint of violation 
of law. Such goods on which the duty has not been paid may 
be seized by the Government. Illicit stills are in direct viola- 
tion of law and when found are destroyed; the same is true of 
counterfeiting outfits. Any commodity sold in violation of 
statute is forfeited wherever found by the authorities. 

Forgery is the act of falsely making or materially altering 
any written instrument, with the clear intent to defraud another 
person of his rights. There must be intent shown before con- 
viction can be secured against an accused person, but it is not 
necessary that any one should have been injured to make 
conviction possible. 

Fort. In its modern significance a fort is any permanent 
military post or station, whether fortified or not, although few 
such stations are ever established without a plan of fortification. 
Many forts of the days of the early wars and Indian uprisings 
still bear the name, but are of no value or importance today. 
Only a few years ago a large number of military posts or forts 
were occupied by United States troops, in anticipation of 
frequent Indian depredations. Of late these have been aban- 
doned one by one, and the policy of the Government now is 
to concentrate large forces in a few strongly built stations. A 
modern post contains many acres, to give room for a large 
number of permanent buildings for officers and men and for 
spacious parade grounds. 

The following table gives the names of the most important 
posts in the United States, together with their locations and 
garrisons: 



Name. 


Location. 


Garrison. 


Fort Adams 

" Assinniboine 

" Baker 


Newport, R. I 

Montana 

Sausilito, Cal 


District headquarters and 4 
companies coast artillery. 

Regimental headquarters and 4 
troops cavalry; 4 companies 
infantry. 

3 companies, coast artillery. 



Fort 



301 



Fort 



Name. 


Location. 


Garrison. 


Fort Barrancas 




District headquarters and 5 


" Bliss 


El Paso, Texas 


companies, coast artillery. 


" Brown 


Brownsville, Texas 

Port Townsend, Wash. .. 

Brackettville, Texas 

Columbus, Ohio 


4 companies, infantry. 


" Casey 


3 companies, coast artillery. 


" Clark 




Columbus Barracks 


2 companies infantry and re- 
cruit depot. 


" D. A. Russell 

" Des Moines 


Cheyenne, Wyoming .... 

Des Moines, Iowa 

Salt Lake City, Utah. . . . 

BurUngton, Vermont. . . . 

Port Townsend, Wash. . . 
New York Harbor 

Sandy Hook, N. J 

Baltimore, Maryland 

Governor's Island, N.Y... 

St. Louis, Missouri 

Key West, Florida 

Seattle, Washington 

Kansas 

Colorado 


Regiment, infantry, and 2 bat- 
teries field artillery. 
Regiment, cavalry. 
Regimental headquarters and 5 


" Ethan Allen 

" Flagler 

" Hamilton 


companies, infantry. 

Regiment, cavalry and 2 bat- 
teries field artillery. 

4 companies, coast artillery. 

4 companies, coast artillery and 


" Hancock 


district headquarters. 
4 companies coast artillery and 




Ordnance Proving Ground. 

3 companies, coast artillery. 

4 companies, infantry; Head- 
quarters Atlantic Division, 
and headquarters Depart- 
ment of the East. 

4 troops, cavalry. 

District headquarters and 3 

companies, coast artillery. 
Regimental headquarters and 4 


" Jay 

Jefferson Barracks 

Key West Barracks 

Fort Lawton 


I " Leavenworth 

" Logai) 


companies, infantry. 

4 companies, engineers, 1 com- 
pany, signal corps, 4 troops 
cavalry, 2 batteries field ar- 
tillery, and a regiment of in- 
fantry. Also infentry and 
Cavalry School, Signal School 
and Staff College. 

4 companies, infantry. 


Madison Barracks 

Fort McDowell 

" McKinley 

" Meade 


Sacketts Harbor, N. Y. . 

Angel Island, Cal 

Portland, Maine 

Sturgis, S. D 


Regimental headquarters and 8 

companies, infantry. 
Regimental headquarters and 6 

companies, infantry. 
4 companies, coast artillery. 
Regimental headquarters and 8 


" Monroe 


Virginia 

Washington, D. C 

Valentine, Nebraska 

Dodge, Georgia 


troops cavalry. 
District headquarters, 8 com- 


" Myer 


panies, coast artillery. Artil- 
lery School. 

Regimental headquarters and 4 
troops cavalry; 2 batteries 
field artillery. 

Regimental headquarters and 8 


" Oglethorpe 


companies, infantry. 
Regiment of cavalry. 


Plattsburg Barracks 

Presidio of Monterey .... 

Presidio of San Francisco. 
Fort Riley 


Plattsburg, N.Y 

Monterey, California 

San Francisco, Cal 

Kansas 

Nebraska 


Regiment of infantry. 

1 regiment and 2 companies of 

infantry; 3 troops cavalry. 
10 companies, coast artillery, 3 

batteries field artillery and 1 

troop cavalry 
12 troops, cavalry, 5 batteries 


" Robinson 


field artillery and School of 
Application for Cavalry and 
Field Artillery. 
Regimental headquarters and 8 


" Sam Houston 


San Antonio, Texas 


troops cavalry. 
4 troops cavalry, 2 batteries 
field artillery, regimental 
headquarters and 4 compan- 
ies infantry. 



Fractional Currency 


302 


Frank 




Name. 


Location. 


Garrison. 




IlHnois (Chicago) 

St. Paul, Minnesota 

Newport, Kentucky 

New York 


Regiment of infantry; 2batter- 




teries field artillery. 
Regimental headquarters and 


" Thomas 

" Totten . 


10 companies infantry, 4 

troops cavalry; 2 batteries 

field artillery. 
Regimental headquarters and 4 

companies infantry. 
District headquarters and 5 




Washington 


companies, coast artillery; 
School of Submarine Defence, 
and Electrician Sergeants' 
School. 
•Regimental headquarters and 






10 companies infantry; 2 
batter-ies field artillery. 
.5 companies, coast artillery. 


Washingtori Barracks. . . . 
Fort Washington 


Washington, D. C 

Maryland 

New York, 


4 companies engineers. War 
College and Engineers' 
School. 

District headquarters and 3 


West Point 


companies, coast artillery. 
U. S. Military Academy and 


Fort Worden 


Port Townsend, Wash. . . 


detachments of all arms. 
District headquarters and 4 




companies, coast artillery. 



Fractional Currency, money of any denomination less than 
the standard unit of National currency. In the United States, 
the unit is the dollar; in England, the pound sterling. 

Franchise. 1. A special privilege granted to a person or 
corporation or body politic (such as a city or village .Govern- 
ment) to engage in business of a public or semi-public nature 
is termed a franchise. It is granted through Legislative sanc- 
tion, either by village councils, city boards of aldermen or State 
Governments, and runs for a term of years. In times past 
many franchises were granted practically in perpetuity, but of 
late years private permits for terms longer than forty or fifty 
years are rare. The interests of citizens are best protected by 
even shorter grants. 

2. The word franchise means, also, a political or Constitu- 
tional right reserved to or vested in the people, as an elective 
franchise. See Elective Franchise. 

Frank, an authorized signature placed on mail matter with 
the effect of exempting such matter from payment of postage. 
The term also means the right to send mail matter free of postage 
under such signature. The signature on franked matter need 
not be written in ink. It may be printed from an electrotyped 



Franking Privilege 303 Franklin's Plan of Union 

facsimile. There is a penalty attached to an improper use of 
the frank. See Franking Privilege. 

Franking PrivHege. The right granted to officers of the 
Federal Government to free use of the United States mails, 
under certain limitations, is called the ''franking privilege." 
The laws in the early days of the Union permitted the President, 
Vice-President, all members of the Cabinet, members of both 
branches of Congress and Territorial Delegates to mail all letters 
without payment of postage. This necessarily included private 
correspondence. To Washington, John Adams, Jefferson and 
Madison, the courtesy was extended after their retirement to 
private life, and continued until death. The widows of these 
Presidents also shared the benefits of the same acts of Congress. 

From time to time modifications have been made in the 
franking laws. Today the Act of March, 1877, is in force, and 
it provides that only letters on Government business, mailed 
by officials. Congressional documents and packages from de- 
partments for gratuitous distribution shall be carried free. See 
Frank. 

Frankland, State of. In 1784 the settlers of what is now 
East Tennessee established a Government under the name of 
State of Frankland. They had become angered by the action 
of their former Government, North Carolina, in permitting the 
cession of their district to the Confederation proposed by the 
Ordinance of 1784. North Carolina was obliged to revoke her 
cession; four years later the new ''State" was suppressed, but 
in the next year (1789) the strip again passed from Carolina's 
possession and with it additional territory to the west, all of 
which became the Territory, and later, State, of Tennessee. 

Franklin's Plan of Union. In the Albany Convention [q, 
v.] of 1754, Benjamin Franklin submitted an outline of a Plan 
of Union of the colonies under the control of the mother country, 
which, had it been adopted, might have averted the Revolu- 
tionary War and changed the history 'of the western world. 
The Plan of Union had the cordial support of the whole con- 
vention, which was composed of stronger statesmen than had 
ever before met in formal convention in America. Curiously 



Franklin's Plan of Union 304 Franklin's Plan of Union 

enough, it did not meet with approval in the colonies, not one 
of which was willing to accept it. England's objection to it 
was that it was too democratic. The document is here printed 
as it appears in Sparks's edition of Franklin's writings: 

Plan of Union of the British American Colonies, adopted by the 
Convention at Albany in 1754, with the Reasons and Motives for each 
Article of the Plan. 

It is proposed, that humble application be made for an act of Parlia- 
ment of Great Britain, by virtue of which one general government may be 
formed in America, including all the said Colonies, within and under 
which government each Colony may retain its present constitution, ex- 
cept in the particulars wherein a change may be directed by the said act, 
as hereafter follows: 

President-General and Grand Council. 

That the said general government be administered by a President- 
General, to be appointed and supported by the Crown; and a Grand Council, 
to be chosen by the representatives of the people of the several Colonies 
met in their respective assemblies. , 

Election of Members. 

That within months after the passing such act, the House of 

Representatives that happen to be sitting within that time, or that shall 

he especially for that purpose convened, may and shall choose members 

for the Grand Council, in the following proportion, that is to say, 

Massachusetts Bay 7 

New Hampshire 2 

Connecticut : 5 

Rhode Island 2 

New York 4 

New Jersey 3 

Pennsylvania 6 

Maryland 4 

Virginia 7 

North CaroUna 4 

South Carolina 4 

48 
Place of First Meeting. 
— who shall meet for the first time at the City of Philadelphia in 
Pennsylvania, being called by the President-General as soon as con- 
veniently may be after his appointment. 

New Election. 
That there shall be a new election of the members of the Grand 
Council every three years; and, on the death or resignation of any member, 
his place should be supplied by a new choice at the next sitting of the 
Assembly of the Colony he represented. 

Proportion of Members After the First Three Years. 
That after the first three years, when the proportion of money arising 
out of each Colony to the general treasury can be known, the number o 



Franklin's Plan of Union 305 Franklin's Plan of Union 

members to be chosen for each Colony shall, from time to time, in all ensu- 
ing elections, be regulated by that proportion, yet so as that the number 
to be chosen by any one Province be not more then seven, nor less than 
two. 

Meetings of the Grand Council, and Call. 

That the Grand Council shall meet once in every year, and oftener 
if occasion require, at such time and place as they shall adjourn to at the 
last preceding meeting, or as they shall be called to meet at by the Presi- 
dent-General on any emergency; he having first obtained in writing the 
consent of seven of the members to such call, and sent due and timely 
notice to the whole. 

Continuance. 

That the Grand Council have power to choose their speaker; and shall 
neither be dissolved, prorogued, nor continued sitting longer than six 
weeks at one time, without their own consent or the special command of 
the crown. 

Members' Allowance. 

That the members of the Grand Council shall be allowed for their 
service ten shillings sterling per diem, during their session and journey to 
and from the place of meeting; twenty miles to be reckoned a day's journey. 

Assent of President-General and his Duty. 
That the assent of the President-General be requisite to all acts of 
the Grand Council, and that it be his office and duty to cause them to be 
carried into execution. 

Power of President-General and Grand Council; Treaties op 
Peace and War. 
That the President-General, with the advice of the Grand Council, 
hold or direct all Indian treaties, in which the general interest of the 
Colonies may be concerned; and make peace or declare war with Indian 
nations. 

Indian Trade. 
That they make such laws as they judge necessary for regulating all 
Indian trade. 

Indian Purchases. 
That they make all purchases from Indians, for the crown, of lands 
not now within the bounds of particular Colonies, or that shall not be 
within their bounds when some of them are reduced to more convenient 
dimensions. 

New Settlements. 
That they make new settlements on such purchases, by granting 
lands in the King's name, reserving a quitrent to the crown for the use of 
the general treasury. 



Franklin's Plan of Union 306 Franklin's Plan of Union 



Laws to Govern Them. 
That they make laws for regulating and governing such new settle- 
ments, till the crown shall thilik fit to form them into particular govern- 
ments. 

Raise Soldiers, and Equip Vessels, &c. 
That they raise and pay soldiers and build forts for the defense of 
any of the Colonies, and equip vessels of force to guard the coasts and 
protect the trade on the ocean, lakes, or great rivers; but they shall not 
impress men in any Colony, without the consent of the Legislature. 
Power to Make Laws, Lay Duties, &c. 
That for these purposes they have power to make laws, and lay and 
levy such general duties, imposts, or taxes, as to them shall appear most 
equal and just (considering the ability and other circumstances of the 
inhabitants in the several Colonies), and such as may be collected with 
the least inconvenience to the people; rather discouraging luxury, than 
loading industry with unnecessary burdens. 

General Treasurer and Particular Treasurer. 
That they may appoint a General Treasurer and Particular Treasurer 
in each government when necessary; and, from time to time, may order 
the sums in the treasuries of each government into the general treasury; 
or draw on them for special payments, as they find most convenient. 
Money, How to Issue. 
Yet no money to issue but by joint orders of the President-General 
and Grand Council; except where sums have been appropriated to particu- 
lar purposes, and the President-General is previously empowered by an 
act to draw such sums. 

Accounts. 
That the general accounts shall be yearly settled and reported to the 
several Assemblies. 

Quorum. 
That a quorum of the Grand Council, empowered to act with the 
!President-General, do consist of twenty-five members; among whom there 
shall be one or more from a majority of the Colonies. 
Laws to be Transmitted. 
That the laws made by them for the purposes aforesaid shall not be 
repugnant, but, as near as may be, agreeable to the laws of England, and 
shall be transmitted to the King in Council for approbation, as soon as 
may be after their passing; and if not disapproved within three years after 
presentation, to remain in force. 

Death of the President-General. 
That, in case of the death of the President-General, the Speaker of 
the Grand Council for the time being shall succeed, and be vested with 
the same powers and authorities, to continue till the King's pleasure be 
known. 



Fraud 3T)7 Freedman's Bureau 

Officers, How Appointed. 

That all military commission oflficers, whether for land or sea service 
to act under this general constitution, shall be nominated by the President- 
General; but the approbation of the Grand Council is to be obtained, 
before they receive their commission. And all civil officers are to be 
nominated by the Grand Council, and to receive the President-General's 
approbation before they officiate. 

Vacancies, How Supplied. 

But, in case of vacancy by death or removal of any officer, civil or 
military, under this constitution, the Governor of the Province in which 
such vacancy happens may appoint, till the pleasure of the President- 
General and Grand Council can be known. 

Each Colony May Defend Itself on Emergency, &c. 

That the particular military as well as civil establishments in each 
Colony remain in their present state, the general constitution notwith- 
standing; and that on sudden emergencies any Colony may defend itself, 
and lay the accounts of expense thence arising before the President-Gen- 
eral and Grand Council, who may allow and order payment of the same, 
as far as they judge such accounts just and reasonable. 

Fraud is wilful deception practiced upon a person with 
intent to injure him in a material way. If proved in connection 
with any transaction, fraud annuls all acts, obligations and 
contracts into which it enters, and the law relieves the party 
injured. If both parties act fraudulently, neither can legally 
take advantage of the act of the other. 

Free Coinage. By free coinage of any precious metal into 
legal tender is meant the right of any owner of bullion to take 
it to the mint and have it coined into money, that is, to exchange 
his bullion for coin, dollars' worth for dollars' worth, excepting 
a small charge for the actual cost of coinage. Two Presidential . 
campaigns in the United States (1896 and 1900) were fought 
with great vigor and not a little bitterness, in which the issue 
was the ' ' free and unlimited coinage of both gold and silver, on 
a basis of 16 to 1, without waiting for the aid or consent of any 
other nation." The plea of the "free silver" people was not 
sustained at the polls. See Bimetallism; Monometallism; 
Sixteen-to-One. 

Freedman's Bureau. Between the years 1864 and 1870, 
Congress faced the gigantic task of caring for the negroes whose 
liberation from slavery had thrown them on the country without 



Freedom of Speech 308 Free List 

the means of self-support. An act called the Freedman's 
Bureau Bill was passed in 1865, to regulate and systematize 
the work in behalf of the blacks. This Freedman's Bureau 
was placed in charge of the War Department and given control 
of "refugees, freedmen and abandoned lands." It was given 
power to assign small tracts of land, not more than forty acres, 
to each deserving refugee. The original law was to be in force 
one year, as a trial of the system; it was so successful that it 
was re-enacted for another year, and thus extended until 1870, 
when the necessity for its continuance was not apparent. 

Freedom of Speech. By freedom of speech is meant the 
right to speak or publish whatever is not contrary to private 
rights and which does not disturb, the public peace. A man 
cannot have absolute freedom oj speech; had he this privi- 
lege, the rights of others might suffer. Every man, then, has 
personal rights and freedom of speech just to the point where 
his acts or utterances conflict with the rights of his fellow-men. 
If he ventures beyond that point, either in speech or in print, 
the injured person has a certain remedy at law. See Libel; 
Slander. 

Freedom of the City. When a municipality desires to honor 
in a signal manner a stranger within its borders it confers upon 
him by special order what is known as the "freedom of the 
city." This gives to the visitor all the privileges of citizenship 
and is frequently accompanied by the presentation of an im- 
mense key symbolizing the key to the city, which opens every 
door to the pleasure of the guest. This form of honor is not 
unknown in the United States, although rarely extended. In 
England it is frequently granted. 

Freedom of the Press. See Freedom of Speech, 

Free Goods are imports which are not subject to customs 
duties. They constitute the "free list" of every tariff act, and 
include, but not by name, all articles upon which no duty is to 
be levied. 

Freehold, an absolute ownership or possession for life of 
real estate; land held by full legal tenure, 

Free List. See Free Goods. 



Free=Soil Party 309 Free Trade 

Free=Soil Party, a political organization developed in 1848, 
upon the principle of the non-extension of slavery into new 
territory. It advocated, also, the abolition of slavery where- 
ever practicable, meaning, at that time, in the District of Colum- 
bia. The immediate cause of the formation of the party was 
the acquisition of new territory after the war with Mexico; its 
members sought to have any States formed from these lands 
organized as free States. The Free-Soil party was another step 
towards the organization of the Republican party of today. Its 
slogan was "Free soil, free speech, free labor, free men." See 
Political Parties in the United States. 

Free Trade is a term indicating the condition of commercial 
relations between countries when exchange of commodities is 
unrestricted by tariffs, or customs regulations. But among 
all the enlightened nations there is no such thing as absolute 
free trade; every country levies tariffs upon certain classes of 
imports. Great Britain is considered a free trade country, but 
upon certain articles of commerce coming into British ports a 
duty has always been levied, to help defray the expenses of the 
Government. 

There is in the United States a large political party in favor 
of so-called free trade, but its most enthusiastic adherents do 
not mean to carry the idea to the point of levying no tariff 
whatever upon imports. Some duty upon foreign goods is 
necessary as a means of raising revenue, unless the general 
Government is to be supported by direct taxation— an economic 
principle no man would care to advocate. The general idea 
o^ free trade is to remove the duty from everything from which 
it can be spared and yet not diminish the revenues needed from 
that source. In selecting the goods upon which duties must be 
levied, the "free trader" bears in mind that to produce unfailing 
revenue the tariff must cover commodities the people are obliged 
to buy. If different choice be made, it would be possible to 
stop the inflow of customs by refusing to purchase the un- 
necessary articles. Therefore, such articles as tea, coffee, spices 
and a large variety of other commodities of regular consumption 
are usual objects of tariff legislation on a free trade program. 



Fugitive Slave Law 310 Fusion 

Free trade, then, in effect, is the withdrawal of customs 
duties from the imports of a country, except on such articles 
as it is necessary to maintain a tariff to help support the general 
Government. For the opposite theory of tariff regulation, see 
Protection. 

Fugitive Slave Law. In the days preceding the Civil War 
(1850) Congress passed an act popularly known as the Fugitive 
Slave Law, which intensified the feeling of discord between the 
North and the South and became one of the causes which 
hastened the Rebellion. Under the provisions of this act, any 
slave escaping from his master should be returned as soon as 
apprehended, and it became the duty of every officer to exercise 
great diligence in hunting down the fleeing blacks. If any 
officer refused to obey the law, he was subject to a heavy fine 
for every proved delinquency. The North never gave the 
measure its approval, and some States passed "personal liberty" 
laws, in an effort to counteract the effect of the act of Congress. 
The South naturally looked upon this latter legislation as a 
breach of faith. There was a fugitive slave law passed before 
the enactment of 1850, but it was in the early days of the nation 
(1793) and excited but little comment, inasmuch as the institu- 
tion of slavery was at that time held in higher repute. 

The authority by which Congress declared itself obliged 
in equity to pass these laws is in Article IV, Section 2, Clause 2, 
of the Constitution, as follows: 

A person charged in any State with treason, felony, or other crime, 
who shall flee from Justice, and be found in another State, shall on demand 
of the Executive authority of the State from which he fled, be delivered 
up, to be removed to the State having jurisdiction of the crime. 

A broad interpretation of the Section seemed to cover the 
case of personal property (slaves) escaping from their lawful 
owners. 

Fusion is the act of blending, or the union of parts, as if 
through melting and mingling. In American politics the term 
has been used to denote the coming together of different political 
parties on a mutually agreeable basis in an effort to control an 
election. In such case the nominations of officers to be voted 
for are divided between the factions in proportion to their 
voting strength. 



Gag Law. Any law which seeks to prevent free discussion, 
shut off proper debate and make impossible sufficient considera- 
tion of a matter is called a gag law. In the stormy days when 
the Civil War clouds were rising, it was not uncommon in 
Congress for some adherent of either side of the great contention 
to offer resolutions to ''lay on the table" matters which were 
distasteful to his faction. No gag laws have appeared in 
legislation since the War. 

Garrison, a collective term denoting the officers and men 
stationed at a fort or military post to properly care for it and 
defend it against attack. In 1906 there were garrisons sta- 
tioned at 195 posts in the United States (not including our 
insular possessions), but this number is decreasing, owing to 
the rapid settlement of formerly unoccupied Western territory. 
See Fort. 

General Assembly. Every State Constitution decrees the 
name by which its law-making body shall be officially known.' 
The term General Assembly is synonymous with Legislature 
[q. V.]. 

General Convention, an international agreement concluded 
at a conference of the Great Powers at Geneva, Switzerland, in 
1864. It established rules of war and provided humane methods 
of treatment of the sick and the wounded in battle. At first 
only twelve European States signed the articles, but the number 
has increased until every civilized nation is now a party to it. 
At the Hague Peace Conference of 1899 the principles of the 
Convention were extended to naval warfare. 

General of the Army. The officer bearing this title is in 
rank above every other person in the military service of the 
United States. No man rises to this position through mechani- 
cal promotion, as is the case lower in the ranks. The General 
of the Army is always appointed by the President, by Congres- 
sional authority, and at his death the grade lapses, to be revived 
again only by another appointment. George Washington held 

311 



General Staff of the Army 312 Georgia 

this high office until his death; there was no further appoint- 
ment until 1866, when Ulysses S. Grant was raised to the grade. 
Upon his election to the Presidency, William Tecumseh Sher- 
man was given the honor. Philip Sheridan was the last officer 
of the United States to bear the title. 

The rank of General in the army is above that of Lieu- 
tenant-General, Major-General and Brigadier-General, respect- 
ively. The corresponding grade in the navy is Admiral. See 
Officers of the Army; Comparative Rank in Army and 
Navy. 

General Staff of the Army. By act of Congress in 1903, a 
group of officers, about forty-five in number, is detached from 
active service with their military commands and placed under 
direction of the President for special service. This group is 
called the General Staff; each appointment is for four years. 
The duties of this Staff are so numerous and comprehensive 
that only the most important can be named here. It is required 
to investigate and report upon all matters relating to the 
efficiency of the arm}^ and its preparation for active and serious 
service; it studies all possible theatres of war and collects 
military information of every variety all over the world; it 
prepares plans for National defense and for rapid mobilization 
of troops. Similar organizations exist in the military estab- 
lishments of all modern Governments. 

Geodetic Survey, the measurement of portions of the 
earth's surface by triangulation and astronomical observation. 
See Coast and Goedetic Survey. 

Geological Survey, a bureau of the Department of the 
Interior, founded in 1879. At first its activities were limited 
to geological examination of the Territories, but after two 
years its scope was enlarged to comprise all the States, as well. 
This bureau has charge of the classification of the public lands 
[q. v.], the examination of geological structures, mineral re- 
sources and products of the country, and of the survey of the 
forest reserves. 

Georgia. The State was named in honor of King George 
II of England. The first white people to traverse the territory 



ijeorgia 



313 



Georgia 




STATE SEAL OF GEORGIA. 



were Spaniards, in 1540. Georgia formed a part of the tract 
of land granted to the proprietors of Carolina in 1663. In 1719 
it received a provincial charter. In 1732 it was given the 
distinction of an independent colony, at the time James Ogle- 
thorpe led a party of English colonists who sought a refuge 
from debt in England. The first English colony may be said 
to date from 1733. A feeling of discontent broke out in the 
colony over the management of its affairs, and in 1752 the whole 
territory of Georgia was put again under provincial govern- 
ment, and it was extended westward 
to the Pacific Ocean. The gathering 
war clouds suggested measures of 
safety, and in 1775 a Provincial Con- 
gress convened and two years later 
a State Constitution was adopted. 
It maintained this independent govern- 
ment until 1788, when on January 2nd, 
Georgia ratified the new Federal Con- 
stitution. In January, 1861, a Conven- 
tion met at Milledgeville to determine the State's attitude on the 
question of slavery and union. The convention favored with- 
drawal from the Union, and in March, 1861, the new Confederate 
Constitution was ratified. In December, 1865, the Legislature 
ratified the Thirteenth Amendment; in April, 1868, the State 
adopted a new Constitution, and the new Legislature convened 
under it and ratified the Fourteenth Amendment; in February, 
1870, the Legislature having assented to every requirement of 
the Federal Government, admission to the Union was again 
applied for. In July this was accomplished. 

Government. The present Constitution of Georgia was 
adopted in 1877. A vote of two-thirds of the members of each 
House of the General Assembly, for two consecutive sessions, 
besides a majority vote of the people, is necessary in order that 
the Constitution may be amended. The Executive officers are 
the Governor, Secretary of State, Treasurer, and Comptroller- 
General, all of whom are chosen for terms of two years, and 
each may be re-elected indefinitely, except the Governor, who 



Gerrymander 



314 



Gerrymander 



is entitled to but two consecutive terras. The General Assembly 
consists of a Senate of forty-four members and a House of 
Representatives of 175 members, all chosen for terms of two 
years; they receive four dollars per day for attendance at 
sessions, besides mileage. Sessions are limited to sixty days. 
The Judicial power is vested in a Supreme Court, consisting of 
a Chief Justice and five Associate Justices, and also in Superior 
courts, Courts of Ordinary and Justices of the Peace. 

Gerrymander. Gerrymandering is the process of altering 
election districts so 
that by distribution 
of voting strength 
therein one political 
party may derive 
an advantage over 
another. It is pos- 
sible 'so to select 
counties of a State 
to form Congres- 
s i o n a 1 Districts 
that, though the 
whole State have a 
majority vote in 
favor of one party, 
a Congressional del- 
egation of another 
political faith may 
he elected. This is 
accomplished 
by combining counties having a large majority in favor of the 
manipulating party with others in which that party has a 
minority a little smaller than its majority in the former. The 
result of a full vote is a small majority for the manipulators. 

The gerrymander has been practiced in perhaps every State 
of the Union. It is a measure strictly legal, though morally 
reprehensible, and is a great temptation to politicians who 
desire, by whatever means are possible and safe, to perpetuate 




THE FIRST GERRYMANDER. ILLUSTRATION SLIGHTLY 

MODIFIED FOR PUBLICATION, BY POLITICAL 

OPPONENTS. 



Gettysburg Address 315 Gettysburg Address 

their control. The courts cannot declare the arrangement of 
district invalid, if the counties composing it are connected. To 
Elbridge Gerry, Governor of Massachusetts, is given the credit, 
if it may be so termed, of originating the idea. In 1814 the 
Massachusetts Senatorial Districts were laid out with the in- 
tention that a majority of the State Senate would be Democrats, 
no matter how strongly their opponents voted. To accomplish 
this, many districts assumed fantastic shapes. One in particu- 
lar was so ill-shaped that a Boston paper published a picture of 
it, in colors, and gave it a few additional features to make it 
resemble some monstrous animal. It was called the "Gerry- 
mander," a fusion of the name of the Governor who had favored 
the Senatorial divisions, and the last part of the name "sala- 
mander," a lizard-like animal. 

Gettysburg Address. One of the most notable addresses in 
the world's history — probably the most masterful political 
utterance in few words — was the address of President Abraham 
Lincoln, in November, 1863, on the battlefield of Gettysburg, 
the occasion being the dedication of the National Cemetery. He 
spoke without notes and with slight preparation. The address 
follows in full : 

"Fourscore and seven years ago our fathers brought forth on this 
continent a new nation, conceived in hberty, and dedicated to the proposi- 
tion that all men are created equal. 

"Now we are engaged in a great civil war, testing whether that 
nation, or any nation so conceived and so dedicated, can long endure. We 
are met on a great battlefield of that war. We have come to dedicate a 
portion of that field as a final resting place for those who here gave their 
lives that that nation might live. It is altogether fitting and proper that 
we should do this 

"But, in a larger sense, we cannot dedicate, we cannot consecrate, 
we cannot hallow this ground. The brave men, living and dead, who 
struggled here have consecrated it, far above our poor power to add or 
detract. The world will little note, nor long remember, what we say 
here, but it can never forget what they did here. It is for us, the living, 
rather, to be dedicated here to the unfinished work which they who fought 
here have thus far so nobly advanced It is rather for us to be here dedi- 
cated to the great task remaining before us, that from these honored dead 
we take increased devotion to that cause for which they gave the last full 
measure of devotion, that we here highly resolve that these dead shall not 



Qod in the Constitution 316 Gold Certificates 

have died in vain, that this nation, under God, shall have a new birth of 
freedom, and that government of the people, by the people, for the people, 
shall not perish from the earth." 

God in the Constitution. In the Constitution of the United 
States there is neither a reference to the Deity nor to any 
creed. There have been several movements among ecclesiasti- 
cal societies to secure an amendment to the Constitution in 
which the Union shall officially recognize God as the Great 
Ruler of the universe, but success has not attended any of these 
efforts. Doubtless a favorable vote would be difficult to secure, 
notwithstanding we are a Christian nation. The Constitution, 
in Amendment I, declares that no law shall be passed respecting 
either the establishment of religion or the free exercise thereof. 
Personal views relative to a Deity might make it impossible 
for a man to swear to support the Constitution if that document 
pledged him to an acknowledgment of a Supreme Being 

"God Reigns and the Government at Washington Still 
Lives." These memorable words were uttered by James A. 
Garfield, then an Ohio Congressman, on the morning after the 
assassination of President Lincoln. A panic had seized the 
country upon the death of the great leader and any influence 
which had opposed Lincoln was in danger from angry mobs of 
citizens. A crowd was about to attack the office of a New 
York newspaper unfriendly to the administration when Garfield 
addressed them briefly and with successful issue from the top 
of a box in the street. He said: 

"Fellow-citizens! Clouds and darkness are round about Him. His 
pavilion is dark waters and thick clouds of the skies. Justice and judg- 
ment are the establishment of His throne. Mercy and truth shall go 
before His face. Fellow-citizens! God reigns, and the Government at 
Washington still lives!" 

Gold Bugs. A political term applied by those favoring 
bimetallism [q. v.] to men who advocated a single standard of 
value based on gold. During the years between 1896 and 
19G4, the name was widely used. See Single Standard; 
Silver Question. 

Gold Certificates. Since 1882 an act of Congress has 
authorized the Secretary of the Treasury to receive deposits of 



Gold Standard 317 Gold Standard Act 

gold coin, from any legitimate source, in sums of not less than 
twenty dollars, and to exchange for it certificates in denomina- 
tions of not less than the same minimum amount. These 
certificates are paper money, worth their face value anywhere, 
because the holder can present them at any National bank or 
United States sub-treasury and receive the amount of gold 
originally deposited. Under the law there must be kept in the 
Treasury Department as much gold as is necessary to redeem 
every dollar of outstanding gold certificates. The main reason 
that these certificates are issued is that one piece of paper 
money is a more convenient circulating medium than an equiva- 
lent amount of coined gold. Gold certificates are legal tender 
[q. v.] for customs duties, taxes, and all public dues. National 
banks holding such certificates may count them as part of their 
lawful reserve fund. See Money. 

Gold Standard. See Single Standard. 

Gold Standard Act. The United States is committed to 
the single gold standard of value as the basis of its monetary 
system. A strong minority of the people sought at two Presi- 
dential elections to introduce the double standard, based upon 
the parity of gold and silver at a fixed proportionate value, but 
without success. Gold is the only metal whose value fluctuates 
but little, and it is therefore the safest standard from which to 
determine all values. The present law was passed in 1900, and 
was entitled, "An Act to define and fix the standard of value, to 
maintain the parity of all forms of money issued or coined by 
the United States, to refund the public debt, and for other 
purposes." By this act the dollar is made the unit of our 
currency, and it is decreed that it shall be twenty-eight grains 
of gold in weight, nine-tenths fine. All forms of money issued 
or coined must be maintained at a parity with this gold 
standard. 

United States notes and Treasury notes shall be redeemed 
in gold coin, and a redemption fund of $150,000,000 of coin and 
bullion is set aside to be used for that purpose only. Thus the 
paper money of these two varieties is made a safe form of cur- 
rency, being always redeemable in gold at the pleasure of the 



Qold Standard Act 318 Gold Standard Act 

bearer. The following is the text of the Section carrying out 
this important provision : 

"Sec. 2. That United States notes, and Treasury notes issued 
under the act of July 14, 1890, when presented to the treasury for redemp- 
tion, shall be redeemed in gold coin of the standard fixed in the first section 
of this act, and in order to secure the prompt and certain redemption of 
such notes as herein provided it shall be the duty of the Secretary of the 
Treasury to set apart in the treasury a reserve fund of $150,000,000 in gold 
coin and bullion, which fund shall be used for such redemption purposes 
only, and whenever and as often as any of said notes shall be redeemed 
from said fund it shall be the duty of the Secretary of the Treasury to use 
said notes so redeemed to restore and maintain such reserve fund in the 
manner following, to wit: 

"First. By exchanging the notes so redeemed for any gold coin in 
the general fund of the treasury. 

"Second. By accepting deposits of gold coin at the treasury or at 
any sub-treasury in exchange for the United States notes so redeemed. 

"Third. By procuring gold coin by the use of said notes, in accord- 
ance with the provisions of Section 3,700 of the Revised Statutes of the 
United States. 

"If the Secretary of the Treasury is unable to restore and maintain 
the gold coin in the reserve fund by the foregoing methods, and the amount 
of such gold coin and bullion in said fund shall at any time fall below 
$100,000,000, then it shall be his duty to restore the same to the maximum 
sum of $150,000,000 by borrowing money on the credit of the United 
States, and for the debt thus incurred to issue and sell coupon or registered 
bonds of the United States, in such form as he may prescribe, in denomina- 
tions of $50 or any multiple thereof, bearing interest at the rate of not 
exceeding 3 per centum per annum, payable quarterly, such bonds to be 
payable at the pleasure of the United States after one year from the date 
of their issue, and to be payable, principal and interest, in gold coin of the 
present standard value, and to be exempt from the payment of all taxes 
or duties of the United States, as well as from taxation in any form by or 
under State, municipal, or local authority; and the gold coin received 
from the sale of said bonds shall first be covered into the general fund of 
the treasury and then exchanged, in the manner hereinbefore provided, 
for an equal amount of the notes redeemed and held for exchange, and the 
Secretary of the Treasury may, in his discretion, use said notes in exchange 
for gold, or to purchase or redeem any bonds of the United States, or for 
any other lawful purpose the public interests may require, except that 
they shall not be used to meet deficiencies in the current revenues. 

"That United States notes when redeemed in accordance with the 
provisions of this section shall be reissued, but shall be held in the reserve 
fund until exchanged for gold, as herein provided; and the gold coin and 



Government 319 Grand Army of the Republic 

bullion in the reserve fund, together with the redeemed notes held for use 
as provided in this section, shall at no time exceed the maximum sum of 
$150,000,000." 

Government, Checks on. See Checks on Government. 

Government, Forms of. See Aristocracy, Democracy, 
Monarchy, Oligarchy, Republic, Colonial Government. 

Government, Seat of. See Seat of Government. 

Graft, a slang word denoting unearned money or other 
valuable consideration accepted and retained by a person over 
and above his legal fee or his stated remuneration. A person 
who seeks pecuniary advantage of this nature expects to make 
some adequate return to those who thus favor him, and in this 
fact lies a suspicion of dishonest practice. "Grafting" is no 
less than the purchase and sale of special privilege, and some 
innocent person must pay the amount involved in the dishonest 
bargain. In public affairs, the public suffers when an official 
becomes a party to such methods. It is not easy to apply the 
law to these offenders against the public welfare, because the 
transactions are usually carried on with utmost secrecy and are 
difficult to prove in court. 

Grand Army of the Republic, the name of a society of 
soldiers who are survivors of the Civil War. The organization 
is designed to render to the veterans mutual aid and assistance, 
and has been as well, since its organization in 1866, a vital 
patriotic force throughout the land. To Dr. B. F. Stephenson, 
of Springfield, Illinois, belongs the credit of suggesting the 
formation of a union of this nature to keep alive the memories 
of participation in the greatest struggle of modern times. The 
first local society was formed in Decatur, Illinois, in the year 
named. By the constitution of the Grand Army organization 
each local body is called a "post." Other posts rapidly followed 
'the first, and in a very short time nearly the whole body of 
survivors of the War was enrolled in the various State depart- 
ments. Early in its history the charge that the Grand Army 
was used by politicians to further their ends greatly decreased 
its membership through resignation, but a radical change in 
management soon won the dissenters back. 



Grand Jury 



320 



Grand Jury 



Every year the surviving members hold an annual encamp- 
ment in some city of the country. The ranks of the organization 
are rapidly thinning by deaths, and the Grand Army of 
the Republic will be only a sacred memory when the last old 
soldiers are gone. An effort to provide for its continuance by 
admitting to its membership the Sons of Veterans [q. v.] and 
survivors of the Spanish-American War was made on several 
occasions, but did not meet with favor. 



1879 44,752 

1880 60,634 

1881 85,866 

1882 134,701 

1883 215,446 

1884 273,168 

1885 294,787 

1886 323,571 

1887 355,916 

1888 372,960 

1889 397,774 

No. Pet. 

1888 4,433 1.18 

1889 4,696 1.18 

1890 5,476 1.33 

1891 5,965 1.46 

1892 6,404 1.61 

1893 7,002 1.78 

1894 7,283 2.97 

1895 7.368 2.06 



MEMBERSHIP BY YEARS. 

1890 409,489 

1891 407,781 

1892. 399,880 

1893 397,223 

1894 369,083 

1895 357,639 

1896 340,610 

1897 319,456 

1898 305,603 

1899 287,981 

DEATH RATE BY YEARS. 



1896. 

1897. 
1898. 
1899. 
1900. 
1901. 
1902. 



No. 
.7,293 
.7,515 
.8,383 
.7,994 
.7,790 
.8,166 
.8,299 



Pet. 
2.21 
2.35 
2.41 
2.78 
2.80 
3.02 
3.08 



1900 276,662 

1901 269,507 

1902 263,745 

1903 256,510 

1904 246,261 

1905 232,455 

1905 235,823 

1906 229,932 

1907 

1908 

No. Pet. 

1903 8,366 3.22 

1904 9,029 3.60 

1905 9,152 3.90 

1905 9,205 3.90 

1906 9,052 3.83 

1907 

1908 



Grand Jury (State), a body of not fewer than twelve men 
nor more than twenty-three, selected according to statute, to 
inquire into charges of crime against persons within its jurisdic- 
tion. In nearly every State there is a Constitutional provision 
for grand juries, whether or not they are a part of the State's 
regular judicial machinery. In certain States a person charged 
with crime is given a hearing before a Justice of the Peace, i. e., 
in a Justice Court. Here the accused is given an opportunity to 
present a defense, if he so desires. In case the evidence against 
him is strong, the Justice binds him over for trial before the 
next term of the Circuit (County) Court. The preliminary 
hearing only can be had in the Justice Court, it having no juris- 
diction in criminal cases beyond this point. Wherever such a 
system of first inquiry into the guilt or innocence of a person 
is provided, there the grand jury, as a regular institution, is 
unknown. However, if under the State Constitution there is 



Orand Jury 321 Grand Jury 

not a provision that Justice Courts shall make inquiry into 
criminal cases, as above outlined, a grand jury meets regularly, 
before each term of county court, to investigate all cases of a 
criminal nature. The grand jury hears evidence, having the 
power to subpoena witnesses and compel them to testify, but 
the inquiry differs from the preliminary examination in the 
Justice Court in that the accused is not given a hearing. If 
from the evidence presented to the jury by the State's Attorney 
(often termed Prosecuting Attorney) is deemed sufficient, a 
"true bill" is found, which binds the accused over to the coming 
term of court for trial. If the evidence is weak, a "no bill" 
liberates the accused. 

Returning to the discussion of procedure in States under 
the Justice Court system, it may be said that occasionally grand 
juries are called for special purposes. It may be possible that 
county or city authorities are too lenient with certain classes of 
law-breakers and refuse to prosecute them, thus violating their 
oath of office. The County Prosecutor, in such case, may appeal 
to the Judge of the county court for a special jury to inquire 
into such charges, or the Judge, on his own initiative, may order 
an inquiry. The body entrusted with the task of probing the 
charges is a grand jury. It is drawn according to State laws, 
and upon completion of its labors makes suitable report to the 
court. Action follows in accordance with its recommendation. 

The grand jury is so-called to distinguish it from the petit 
jury of twelve men provided in all States in criminal trials and 
in civil cases involving sums beyond the jurisdiction of Justice 
Courts. 

Grand Jury (United States), a body of men, usually 
twenty-three in number, selected from within the counties 
included within a United States Judicial District, to inquire 
into all charges of violation of United States laws which may be 
brought to its notice by the District Attorney. Every State 
is divided into districts for the operation of the courts of the 
United States Government. Offenses against the nation's laws 
are punishable by the general Government, the State courts 
having no jurisdiction. Among the offenses coming within 



Grand Larceny 322 "Grand Model" Constitution 

the range of investigation are counterfeiting, robbery of the 
United States mails, and the like. Prior to each session of the 
United States District Court [q. v.], a grand jury is chosen from 
among the counties composing the district; from the time of 
meeting until its deliberations are ended the procedure is very 
similar to that of the grand jury serving under State laws, 
described under Grand Jury (State). 

Grand Larceny. See Larceny. 

" Grand Model " Constitution. At the time of their settle- 
ment, about 1663 to 1698, the Carolinas were under a proprietary 
form of government. The owners held views respecting the 
control of their possessions which differed radically from any 
accepted theory of government, and they framed probably 
the most cumbrous and complex Constitution ever devised. 
The eminent philosopher, John Locke, was its author, under 
direction of the owners; so elated were the promoters over the 
document at its completion that it was called the "Grand 
Model." It was to stand forever, without alteration in any 
part. The avowed object of this unique Constitution was to 
grant as little power as possible to the people; control was to 
be perpetuated in the upper classes. A political and social 
pyramid was contemplated, the base of which was negro slaves, 
subject absolutely to the will of their masters. Next above the 
negroes were plac'ed the white agricultural laborers, who cor- 
responded to the serfs of old Feudal days. They were denied 
suffrage and even the privilege of leaving the estate on which 
they worked was forbidden, save by special permission. In 
such abject condition they and their children were to "remain 
to all generations." Just above these was a class of small 
landowners, gentry without titles of nobility, who were allowed 
to vote and were given some voice in legislation. Near the 
apex of the pyramid were the members of the nobility, holding 
vast estates, which descended ''from father to son forever." 
Above these, and crowning the pyramid, were the members of 
a corporation of eight rich and titled Proprietors. The eldest 
Proprietor represented the King; the proprietary body was 
"self-renewina; and immortal." 



Granger 



323 



Great Seal of the United States 



All laws were to be made by a parliament, consisting of 
the Proprietors, the nobility, and a small proportion of the 
land owners without titles. The power of absolute veto was 
held by the Proprietors. For more than twenty years a strenu- 
ous attempt was made to establish this Constitution as the 
fundamental law, but it received slight respect. Soon after its 
defects were conceded openly by the Proprietors the colony 
became a royal province. 

Granger. A member of a local "grange" of the order of 
Patrons of Husbandry was called a Granger. See Patrons of 
Husbandry. 

Greasers. During the Mexican War, the United States 
soldiers called their adversaries Greasers. Our neighbors in the 
republic to the southwest have never been popular with citizens 
of this country, and the term, used at first in derision, is yet 
applied with the same significance. 

Great Seal of the United States. On the same day that the 
thirteen colonies proclaimed themselves independent States, 
Benjamin Franklin, 
Thomas Jefferson and 
John Adams were 
named as a committee 
"to prepare a device 
for a Great Seal for 
the United States of 
America." In sixty 
days the committee 
reported, but the recommendations it made were laid on the 
table. The devices then suggested for obverse and reverse 
sides are shown in the illustration. 

Much legislation followed on the subject, but it was not 
until 1782 that a seal was proposed which satisfied the leaders 
in the Congress. The device which then received official 
approval was succeeded by another in 1885, both sides of which 
are given in the second illustration. The olive branch and 
arrows denote the power of peace and war, exclusively vested 
in Congress, which body is typified in the eagle. The constella- 




DESIGN SUBMITTED BY THE COMMITTEE 
APPOINTED JULY 4, 1776. 



Greenback 



324 



Greenback Party 




DIE OF 1885. 



tion denotes a new State taking its place and rank among the 
others in the Union; the escutcheon is borne on the breast of 
the American eagle without any other supporters, to denote 
that the United States of America ought to rely on their own 
virtue. The pyramid on the reverse side signifies strength and 
duration. The eye over it and the motto refer to the many 
interpositions of Providence in favor of the American cause. 
The date is 1776, and the words under it signify the beginning 
of a new era, com- 
mencing at that time. .^^^^^X. /y^^^^^ 

The use of a 
Great Seal is an in- 
heritance from Eng- 
land. See Seal. 

Greenback, the 
name applied to one 
form of United States 
paper money which appeared during the Civil War and the 
period of reconstruction. The words on the bills were printed 
in green ink, which accounts for the origin of the term. These 
notes were issued on three different occasions, in lots of $150,- 
000,000 each, with no redemptive feature and no security except 
the stability of the Government to pledge their value. Soon 
after the War the issue was withdrawn in part. The amount 
put in circulation was largely in excess of the needs of the time, 
and, in consequence, prices rose. By the act of March, 1878, 
the amount of greenbacks for permanent circulation was fixed 
at the amount then outstanding, nearly three hundred fifty 
million dollars. A ''cheap money" party soon appeared in the 
West as a result of this financial policy. See Greenback Party. 

Greenback Party. As a result of the over-issue of green- 
backs [q. v.] by the Government during the Civil War and in 
the years immediately thereafter, money was "cheap" and 
prices correspondingly high. In 1874 a National political party 
was formed by "Greenbackers," as those favoring unlimited 
issues of this kind of currency were called, and quite naturally 
^the name of the new political force was called the Greenback 



Gresham's Law 325 Guardian 

party. For several years the farmers of the West had studied 
the financial situation to the best of their ability, as it applied 
to them. The demand for farm products by the Government 
during the War had been exceedingly profitable to the farmers, 
and for all produce sold they had been receiving greenbacks 
in payment. Their own debts, previously contracted, they 
paid in these same greenbacks, and quite naturally they looked 
upon money which could be issued in unlimited quantities as a 
certain cure for economic evils. The Greenback party held 
three National conventions and put Presidential tickets in the 
field, but secured no electoral votes. The platform of the party 
demanded the withdrawal of all bank currency and that only 
National currency be made legal tender; they asked, also, that 
interest on the public debt, although promised in gold, should 
be paid in paper money. 

The party polled more than 300,000 votes, and gradually 
lost its identity in other minor parties which were called into 
existence from time to time in protest against other so-called 
abuses. See Political Parties in the United States. 

Gresham's Law is the dictum in currency discussions that 
"bad money drives out good money." To Sir Thomas Gresh- 
am, in 1560, is ascribed the responsibility for the following 
principle: 

"Where by legal enactment a Government assigns the same nominal 
value to two or more forms of circulatory medium whose intrinsic values 
differ, payments will always, so far as possible, be made in that medium 
of which the cost of production is least, the more valuable medium tend- 
ing to disappear from circulation." 

This statement has been vigorously attacked by many 
economists, and all the so-called authorities will doubtless never 
agree. In 1896, however, when one great political party in its 
National campaign proposed to establish a parity between gold 
and silver as money, it was demonstrated that owners of gold 
coin hoarded their supply and placed it again in circulation 
only when the proposed plan was defeated at the polls. 

Guardian, a person having natural or legal authority over 
a minor, both as to his person and property. The natural 
guardian of an infant — the lawful name of a minor — is the male 



Guardian 326 Guardian 

parent; if he is dead or incapable of assuming the trust, then 
the mother is the recognized guardian. If a divorce separates 
the parents, then the parent to whom the child is given becomes 
its legally responsible guardian. In case of the death of both 
parents, the laws of every State provide that the Probate Court 
of the county in which the orphan resides shall appoint a respon- 
sible person to act as guardian until his charge becomes of age 
or until relieved by a court order. The guardian thus consti- 
tuted must answer to the court for all acts in connection with 
the person and estate of his ward and must give bond fof the 
faithful performance of his duty. In the discretion of the 
court, the latter formality may be waived. 



H 

Habeas Corpus, a Latin phrase meaning "you may have 
the body;" in Constitutional law, a legal writ issued by com- 
petent judicial authority, commanding an officer to bring at 
once before the court the body of a person detained by him and 
there declare publicly the cause for which said person is in 
custody. The writ of habeas corpus, in English history, in 
which country it originated, was the subjects' "writ of right," 
passed in 1679 "for better securing the liberty of the subjects." 
This act was next in importance in England to Magna Charta 
[q. V.]. It provided that if any person be imprisoned by order 
of any court, or of the King, he might demand a writ to bring 
him before the King's bench, which should determine whether 
his commitment was just. A prayer for this writ could not 
be denied, except in case of very unusual public disturbance, 
when only Parliament could order suspension of the right. 

In the United States Constitution there is a provision 
(Article 1, Section 9, Clause 2) that "the privilege of the writ 
of habeas corpus shall not be suspended, unless when in cases 
of rebellion or invasion the public safety demands it." Just 
what authority may suspend the right is not declared, but in 
every case thus far in our history the Executive authority, in 
State or nation, as circumstances have demanded, has alone 
taken the responsibility. Congress may, by majority vote, 
suspend the writ; the same action may be taken by a State 
Legislature. 

The object of the writ of habeas corpus is to safeguard a 
person from illegal imprisonment or even temporary detention. 
Either the person in custody or another acting for him may 
demand the writ. It cannot ordinarily be refused; the accused 
is forthwith brought into a court of record and is permitted to 
hear on what charge he is held. This gives him an opportunity 
to prepare a defense for use later in the trial of this charge, if 
it be considered serious enough to warrant further detention, 
or if the commitment is legal. If the party against whom the 

327 



Hague Tribunal 328 Hague Tribunal 

writ issues is not able to show good reasons why he should 
further be held, or if it is clearly established that he is not held 
by due process of law, the court may order his release. 

The writ may be of value to persons in civil cases, as well 
as in criminal procedure. The son of Mr. A contracts to serve 
Mr. B as a farm laborer. The father hears that the employer 
is cruel; the son would complain of his treatment to his family 
or friends, but cannot reach them in person or by messenger. 
The father is refused an audience with Mr. B, which fact would 
seem to confirm the rumors. To arrest Mr. B for cruelty might 
bring upon Mr. A dire consequences if the charge could not be 
proved. What is needed in such a case is a force which will 
afford relief, if any is heeded, without prejudice to the com- 
plainant if his complaint be not well founded. A writ of 
habeas corpus would bring Mr. B and Mr. A's son before the 
court, where the facts could readily be established. 

An application for a writ must be accompanied by an 
affidavit declaring that the detention is in the opinion of the 
applicant contrary to law, and it must clearly set forth all the 
facts in the case, so far as they have been established. 

Hague Tribunal. Under conditions guaranteeing safety, 
the rulers of many leading nations of the world would consent 
to a reduction of their respective armaments and decrease 
their military expenditures to an amount far below that deemed 
necessary at present. To secure a discussion of a general peace 
movement, the Czar of Russia asked the leading nations to 
send representatives to a peace conference at The Hague in 
1899, to discuss the general question of reduction of armaments. 
But little was accomplished at this meeting, and in 1905, a 
second peace conference at the same place was held. Results 
from this were not much more satisfactory, although some 
progress was made. The general project met with so great 
favor that Mr. Andrew Carnegie offered to make an appropria- 
tion from his personal fortune for the purpose of erecting a 
permanent peace building at The Hague, in which future 
sessions of conferences having for their object the peace of the 
world could be held. A third meeting was held in 1907, at 



Hail Columbia 329 Hartford Convention 

which delegates from all leading nations were present. The 
principal obstacle thus far in the development of the scheme 
for universal peace and cessation of war seems to be the secret 
suspicion with which each European nation views its neighbor. 
Doubtless ways and means will be found within a very few 
years of bringing all of the contending interests together on 
such a basis that international arbitration will be an assured 
fact rather than an ideal condition. Reduction of armament 
will naturally follow. See Arbitration; International 
Arbitration. 

Hail Columbia, a song intimately connected with our 
National life; next to ''America" it may be called the national 
air of the United States. The words were written during the 
administration of John Adams, by Judge Joseph Hopkinson, 
and the air was composed in honor of George Washington. It 
was originally called the "President's March," but very soon 
took the name of the opening words of the first stanza. 

Half=Breeds. See Stalwarts. 

Hard Cider Campaign. It is a matter of history that 
Americans delight to honor those statesmen who from humble 
origin have risen to places of great usefulness. In the Presi- 
dential campaign of 1840 the political opponents of General 
William Henry Harrison, the candidate of the Whig party, 
tried to belittle his candidacy by declaring he had lived in a log 
cabin with nothing to drink but hard cider. Harrison's ad- 
herents claimed these to be facts greatly to his credit, and at 
once adopted "hard cider" and "log cabin" as campaign cries. 
The General had won a great victory in the Indian wars at 
Tippecanoe, and this feat was heralded throughout the cam- 
paign in the shout for "Tippecanoe and Tyler, too." The 
three issues developed as lively a situation as any other cam- 
paign up to Civil War times. 

Hard Money, a colloquial expression, limited to the United 
States. It refers to coins of gold and silver, as distinguished 
from soft, or paper, money. 

Hartford Convention. The New England States were 
much opposed to the War of 1812 because it greatly impaired 



Health 330 Health 

their commerce and seemed to them an unjustifiable war of 
aggression. Consequently, they refused to send militia in 
response to the call of the general Government and would take 
no active part in military operations, although they made no 
resistance to the recruiting of volunteers within their boun- 
daries. They claimed that according to the Constitution 
there was no reason for sending militia outside of the several 
States. The Government was not empowered to force com- 
pliance, but it withdrew garrisons and did not furnish the 
States with their quota of war supplies. Threatened by sub- 
mission to the British and dominated by the principles of the 
B'ederalist party, the New England States held a convention 
at Hartford, December 15, 1814, the purpose of which was to 
consider proper means of defense for the unprotected States 
and also an amendment to the Constitution. A three weeks' 
session was held, the results of which were published in a docu- 
ment that was to be submitted to Congress. Those who had 
looked for secession were disappointed. Amendment of the 
Constitution which would limit the power of Congress to declare 
war and admit States and change the basis of slave representa- 
tion were recommended. It was proposed, also, that a part 
of the National customs duties collected in each State be given 
over to that State to help defray the expense of defense. The 
general purport of the document, though not directly expressed, 
was that secession was imminent if these demands were not 
favorably considered. The convention was of little avail, for 
by the time its representatives had been sent to submit its 
report to Congress the war had ended. 

Health, Board of, an administrative department of 
city and village Governments, organized for the regulation of 
local sanitary conditions. Its chief duty is to prevent the 
spread of contageous diseases and to this end it is given certain 
police powers. Also the jurisdiction of a board of health may 
extend to such matters as the regulation of quarantine [q. v.], 
the investigation of food adulteration, the suppression of public 
nuisances, the drainage of marshes and the destruction of the 
germ-infecting mosquito. The chief officer of this department 



High License 331 High Seas 

of a city Government is usually styled the Commissioner of 
Health; he is appointed by the Mayor, with the approval of 
the board of aldermen; in a village he is called the Health Officer, 
is appointed by the village President and confirmed by the 
common council, or board of trustees. 

High License. This is a term used in connection with 
legalizing the liquor trade, by which police powers of the State 
are able to exercise control of the traffic. No other economic 
question arouses more bitter controversies, and no other is 
fortified with such financial strength, on the one side, to oppose 
legislation inimical to its interests. 

It is conceded that a business such as the selling of liquor 
should be under control of the laws; the reasons are too obvious 
to need discussion. Any business requiring regulation is 
licensed by the municipality in which it seeks patronage. The 
license is a permit to do business, under certain stated condi- 
tions. In connection with liquor the question of high license 
or low license is constantly being argued. The advocates of 
a high license base their pleas on the alleged fact that if saloon- 
keeping is made expensive by heavy annual assessment, the 
low, law-defying places, will be driven from business and much 
crime will therefore be checked. The low license advocates 
claim that a very moderate annual fee will serve all purposes 
of regulation, and insist that a high license will give advantage 
to the few who can afford to pay it and deprive of business 
privileges many who are fully as worthy. A great question 
of morality is also involved. 

The average liquor license costs $500 annually; a license 
is oftentimes as low as $150 per year, while the fee is in many 
places from $1,000 to $3,000. See Local Option; Prohibi- 
tion. 

High Seas. Every nation owns and controls the sea 
washing its shores to a distance of three miles from the shore 
line. " Beyond that point the sea is the common property of 
all peoples, and no one nation has rights and privileges thereon 
greater than those enjoyed by any other nation. The ocean 
beyond the three-mile limit is called the high seas. 



Highway 332 Homestead Laws 

Highway. A specified road, dedicated and on public 
record as a line of travel, is a highway. While theoretically 
every owner of real estate bordering on a public road owns 
to the middle of said road, he may not place obstructions 
against free traffic along his property. Oftentimes farmers 
will plow the space at the side of the narrow wagon path of a 
country road and raise crops thereon, but under the law they 
have no right to do so. 

If an alley or lane which is the private property of a "person 
is left freely open to traffic continuously for a certain number 
of years, varying in different States from thirteen to twenty, 
the owner must then dedicate it as a highway; he cannot 
close it to the public after that length of time, if there be a 
single objector. Dedication consists of any act by which the 
owner of land gives consent to its use by the public; the act 
may be inferred from long or general use without interruption 
or objection. 

Holidays, Legal. See Legal Holidays. 

Home Department. In 1849 Congress created a new divi- 
sion of the Executive Department of the Government, to deal 
with internal affairs of the country. It was at first called the 
Home Department, but soon the name was changed to Depart- 
ment of the Interior [q. v.]. 

Homestead. As a noun the word means, a house and 
adjacent land occupied by the owner and his family as a place 
of permanent abode; rarely would either the house or the 
land separately be so called. As a verb the term implies, 
to enter and make record of certain land as a family homestead. 
See Homestead Laws. 

Homesteader. One who holds land acquired under the 
Homestead Act of Congress. 

Homestead Laws. There are in operation in the United 
States two classes of homestead laws (see Homestead). The 
most common are the laws of Congress, for the purpose of 
enabling citizens to obtain homes under favorable conditions 
and thus contribute to the settlement of the country; the other 
is represented by State laws, whose object is to make as per- 



Home Valuation 333 Homicide 

manent as possible a citizen's possession of his home. The 
main provisions of our homestead laws follow: 

Any person who is the head of a family, or who is 21 years old and is 
a citizen of the United States or has filed his declaration of intention to 
become such, and who is not the proprietor of more than 160 acres of land 
in any State or Territory, is entitled to enter one-quarter section (160 acres) 
or less quantity of unappropriated public land under the homestead laws 
The applicant must make affidavit that he is entitled to the privileges of 
the homestead act and that the entry is made for his exclusive use and for 
actual settlement and cultivation, and must pay the legal fee and that part 
of the commission required, as follows: Fee for 160 acres, $10; commis- 
sion, $4 to $12. Fee for eighty acres, $5; commission, $2 to $6. Within 
six months from the date of entry the settler must take up his residence 
upon the land and cultivate the same for five years continuously. At the 
expiration of this period, or within two years thereafter, proof of residence 
and cultivation must be established by four witnesses. The proof of 
settlement, with the certificate of the register of the land office, is for- 
warded to the general land office at Washington, from which a patent is 
issued. Final proof cannot be made until the expiration of five years 
from date of entry, and must be made within seven years. The Govern- 
ment recognizes no sale of a homestead claim. After the expiration of 
fourteen months from date of entry the law allows the homesteader to 
secure title to the tract, if so desired, by paying for it in cash and making 
proof of settlement, residence and cultivation for that period. The law 
allows only one homestead privilege to any one person. 

Home Valuation. Usually tariff levies are based upon 
the value of the imports in the country from which shipment 
is made, at the market price at the time of shipment. Only 
once in our tariff legislation has a schedule provided for valua- 
tions based upon prices in our own country, called home valua- 
tion, and that was the tariff of 1833. See Foreign Valua- 
tions; Customs Duties 

Homicide is the killing of any human being by another. 
It includes murder and manslaughter. Homicide includes 
both intentional and unintentional killing. It is justifiable 
when committed by an officer in the discharge of his duty, or 
by any one aiding an officer in time of need; also justifiable 
when committed by any person to prevent a serious crime; 
homicide is excusable when committed accidentally or in self- 
defense. It is felonous and subject to punishment when com- 
mitted maliciously. See Murder; Manslaughter. 



House of Representatives 334 House of Representatives 

House of Representatives. In the Congress of the United 
States and in the Legislatures of the several States of the Union, 
the House numerically strongest and standing in closest rela- 
tion to the people, who choose its members by direct vote, is 
called the House of Representatives. Frequently it is referred 
to as the "lower House," in striking contrast to the Senate, 
a body of fewer members and, in some matters, of greater 
powers and responsibilities. The Senate and House of Repre- 
sentatives together compose the law-making branch of the 
Nation or the State. 

United States. The House of Representatives is com- 
posed of members elected by the people of the States for terms 
of two years. There is no limit upon the number of successive 
terms in office to which a member is eligible. His incumbency 
is limited only by his ability to secure nomination and election. 
The number of members the House of Representatives shall 
contain, and consequently the number each State is privileged 
to elect, is decided by the House itself, once in ten years, as 
soon as possible after the completion of the population statis- 
tics of each Federal census. After the House determines the 
number of its members for any ten-year period, the ratio of 
representation is found by dividing the population of all the 
States by this number; the quotient represents the number of 
people who are entitled to one Representative. Dividing this 
ratio into the population of any State, the number of Repre- 
sentatives that State is entitled to send to Congress is found. 
The State then proceeds to divide its territory into districts, 
as many districts being provided as its allotment of members 
of Congress, so all parts of the State may be represented in its 
Congressional delegation. It is not a legal necessity that this 
division into districts be made, so far as the attitude of Con- 
gress is concerned. It would satisfy every qualification as to 
residence if all of the State's delegation were from the same 
section or the same city. Even with the district formation it 
would be legal if the voters of any district were to choose as 
their Representative a resident of some remote part of the 
State. Of course, this is never done; each district is always 



House of Representatives 335 House of Representatives 

able to furnish suitable men for the halls of the lower branch 
of Congress, thus retaining its local representation in Wash- 
ington. 

The membership of the House of Representatives since 
the foundation of the Government is given below: 



Period 


Number of 


Ratio of 


Period 


Number of 


Ratio o 




Members. 


Popula- 
tion. 




Members. 


Popula- 
tion. 


1789-1793 


65 




1853-1863 


234 


93,423 


1793-1803 


105 


33,000 


1863-1873 


241 


127,381 


1803-1813 


141 


33,000 


1873-1883 


292 


131,425 


1813-1823 


181 


35,000 


1883-1893 


325 


151,911 


1823-1833 


212 


40,000 


1893-1903 


356 


173,901 


1833-1843 


240 


47,700 


1903-1913 


386 


194,182 


1843-1853 


223 


70,680 


1913-1923 







If during a decade a new State is admitted, the whole 
number is increased by that State's allotment. 

Members of the House of Representatives are chosen every 
two years, in November, on the even years. They cannot at 
once assume the duties of office, for the men whom they succeed 
are yet in service; the short session [q. v.] of each Congress 
convenes within a month of the election, and the old members, 
elected two years before, serve until the succeeding fourth 
day of March, when their terms expire. On this same day the 
members chosen four months previously assume office. But 
even at this time they seldom enter actively upon their work, 
because between the adjournment of a Congress sine die on 
March 4th and the opening of the next Congress several months 
elapse. Only an extra session of Congress will bring them 
actively to work before December. On the first Monday in 
December, the new law-makers assemble in their first regular 
session, thirteen months after their election. This long period 
between election and the meeting of Congress was necessary 
in the early days of our history; many months were required 
for some members to reach the capital city after their election. 
The only advantage today from the long interval is that after 
thirteen months of waiting a new member is likely to have a 
maturer view of matters upon which he will be called to vote; 



Hunkers 336 Hunkers 

he is almost sure to have also a deeper feeling of responsibility 
for his acts. 

The powers and duties of members of Congress, both in 
House and Senate, are described in Article I, Section 8, of the 
Constitution. Each Senator and Representative is given a 
private secretary and an office room in a large building erected 
especially for the workrooms of members; each member is 
paid a salary of $7,500 per year, a mileage of ten cents per mile 
in journeying to the capital at the beginning of each session of 
Congress and the same mileage in returning home at its close; 
the sum of $125 is also allotted each member for postage and 
stationery during his term. 

Freedom from Arrest. Unusual privileges are accorded 
a Representative in the discharge of his official duties. He 
is free from arrest for any except indictable offenses; that is, 
he is not held legally responsible to any person for what he 
may utter in debate, and he cannot be prevented from attend- 
ance upon sessions of the House by reason of charges which 
would compel his presence in a court of justice, except he be 
held to answer for a serious crime. This general privilege 
secures exemption for Representatives from service on juries 
or as witnesses in courts at any time when such service would 
conflict with their official duties. 

State. In the State Legislature the House of Representa- 
tives is the "lower House," as in Congress. Its members are 
chosen from Representative Districts, into which the State 
has been divided by previous Legislative act. The number of 
Representatives in the House is decreed by the State Con- 
stitution, but salaries are fixed by vote of the members them- 
selves. In the different States the number of State Represen- 
tatives varies from fifty to one hundred fifty, and compen- 
sation from $3 per day for actual attendance upon sessions of 
the Legislature to $1,000 or more per year. 

The duties and powers of State Representatives are set 
forth in State Constitutions. See Congress. 

Hunkers, a name derived from the slang word hunk, 
meaning home, the original being the Dutch honk. The 



Hunkers 337 Hunkers 

Hunkers were a branch of the Democratic party of New York 
State, of conservative tendencies, about 1844. They clung 
to old principles as tenaciously as they did to their old home- 
steads, and strongly opposed the so-called Young Democ- 
racy, or Barnburners [q. v.]. 




STATE SEAL OF IDAHO, 



Idaho. There were but few settlements in what is now 
Idaho previous to its organization as a Territory in 1863. It 
then included Montana, which was separated in 1864, and 
Wyoming, which was taken from it in 1869. The discovery 
of gold in 1882 increased Idaho's population and led to its 
admission as the forty-third State in 1890. 

Government. Idaho has had but 
one Constitution, that adopted in 1889 
as a preliminary step towards admis- 
sion to the Union. The Constitution 
may be amended only by vote of two- 
thirds of all members of the Legislature 
and ratification by referendum vote of 
a majority of the electors of the State. 
The right of suffrage is granted to all 
registered citizens over twenty-one 
years of age, without regard to sex. This is one of four States 
which give women equal voting rights with men. 

The Legislature consists of a Senate of not more than 
twenty-four members and a House of Representatives limited 
to sixty members, all chosen from districts consisting of one 
or more counties, for terms of two years. Sessions of the 
Legislature are regularly held every two years, but may be 
convened oftener by the Governor. Compensation of mem 
bers is $5 per day, for not more than sixty days of each session, 
and $100 for each special session. To the above items is added 
mileage. The Executive Department consists of a Governor, 
Lieutenant-Governor, Secretary of State, Auditor, Treasurer, 
Attorney-General and Superintendent of Public Instruction. 
These officers are all chosen for terms of two years. Sub- 
ordinate officers are appointed by the Governor, with the con- 
sent of the Senate. Bills may be passed over the Governor's 
veto by two-thirds of the members of the Legislature present. 
The Judicial Department is vested in a Supreme Court, con- 



338 



Illinois 



339 



Illinois 




STATE SEAL OF ILLINOIS. 



sisting of three judges, chosen for six years; in five District 
Courts, each presided over by a Judge, chosen for four years, 
who must hold two sessions at least in each county of his Dis- 
trict every year. There are also Probate Courts and Justice 
Courts. 

Illinois. Illinois was at first French territory, due to 
the exploration of La Salle, Marquette and Joliet, between 
1671 and 1750. The treaty closing the Intercolonial Wars, in 
1763, gave the territory to the English, 
but it did not fall to their actual pos- 
session until 1765. In 1783 it was 
ceded to the United States, and after 
the Ordinance of 1787 was passed it 
formed a part of Northwest Territory. 
The present State of Illinois formed 
a part of Indiana Territory from 1800 
to 1809, at which date it was organ- 
ized as Illinois Territory. In 1819 it 
became the twenty-first State of the Union. 

Government. The present Constitution is the third in the 
history of the State, and was adopted in 1870. It may be 
amended by two-thirds' vote of each Housp of the General 
Assembly, with subsequent ratification by the people. Any 
male citizen of the United States may vote at elections who 
has resided one year in the State, ninety days in the county 
and thirty days in his election precinct; women may vote at 
all local school elections and for trustees of the State University. 
The General Assembly is composed of thirty-one Senators, 
chosen for four years, one-half of whom retire every two years, 
and a House of Representatives of one hundred fifty-three 
members, elected for two years. The salary of members of the 
assembly is $1,000 for each regular session. The Executive 
Department consists of a Governor, Lieutenant-Governor, 
Secretary of State, Auditor, Attorney-General and Superin- 
tendent of Public Instruction, all chosen for four years, and a 
State Treasurer, whose term is two years. A two-thirds' vote 
of each House is required to pass a bill over the Governor's 



Immigrant 



340 



Immigration 



veto. The Judicial Department consists of a Supreme Court 
of seven Justices, chosen from districts, for terms of nine years; 
four Appellate Courts and Circuit Courts, presided over by 
Judges chosen for six years; each Circuit Judge must hold 
court in each county embraced within his Circuit at least twice 
each year. There are special courts for Cook County. 

Immigrant. A person leaving his native land to take up 
permanent residence in a foreign country is an immigrant. 
This word and the word emigrant are used nearly always as 
synonymous terms, but they are not exactly alike. See Emi- 
grant. 

Immigration is the entrance into a country of settlers 
from a foreign land. Before 1820 there was no official record 
kept of the entrance of immigrants into the United States. 
Up to that date from the beginning of the Revolutionary War 
it is believed that the immigrants numbered a quarter of a 
million. 

The United States receives by far the greatest percentage 
of immigration from all countries in the world. Australia and 
Western Canada are favored by many seekers for homes in a 
new country, but probably ninety-five per cent are attracted 
to "America," their term which signifies the United States. 

The flood of immigration to this country since 1871 is given 
below, the years ending on June 30: 



1871. 
1872. 
1873. 
1874. 
1875. 
1876. 
1877. 
1878. 



.321,350 
.404,806 
. 459,803 
.313,339 
.227,498 
.169,986 
.141,857 
.138,469 



1879. 


.177,826 


1880. 


.457,257 


1881. 


.669,431 


1882. 


.788,992 


1883. 


.603,322 


1884. 


.518,592 


1885. 


.395,346 


1886. 


.334,203 



1887. 
1888. 
1889. 
1890. 
1891. 
1892. 
1893. 
1894. 



.490,109 
.546,889 
.444,427 
.455,302 
.560,319 
.623,084 
.502,917 
.285,631 



1895. 
1896. 
1897. 
1898. 
1899. 
1900. 
1901. 
1902. 



.258,536 

.343,267 

.230,832 

.229,299 

.311,715 

.448,572 

. 487,91811909 

. 648,743!l910 



1903. 
1904. 
1905. 
1906. 
1907. 
1908. 



. 857,046 
. 815,361 
1,026,490 
1,100,735 
1,285,349 



The following table for the year ending June 30, 1907, is 
typical of the average year, and shows from what countries our 
new citizens come: 





1907. 


Country 


Male. 


Female. 


Total. 




100,899 

145,338 

4,383 

11,165 

4,690 

5,848 


44,093 

48,122 

2,013 

194 

2,553 

3,883 


144,992 


Hungary 


193,460 


Belgium 

Bulgaria, Servia, Montenegro 

Denmark 

France 


6,396 

11,359 

7,243 

9,731 



Immigration 



341 



Immigration 



Country. 



German Empire 

Greece 

Italy 

Netherlands 

Norway 

Portugal 

Roumania 

Russian Empire and Finland. 

Spain 

Sweden 

Switzerland. 

.Turkey in Europe 

United Kingdom — England. . 

Ireland 

Scotland 

Wales 

Europe, not specified 



Total Europe. 



Chinese Empire. 

Japan 

India 

Turkey in Asia. 
Other Asia 



Total Asia. 



Africa 

Australia, Tasmania, New Zealand 

Pacific Islands, not specified 

British North America 

British Honduras 

Central America 

Mexico 

South America 

West Indies 

Other countries 



Grand total. 



1907. 



Male. 


Female. 


Total. 


22,000 


15,807 


37,807 


35,151 


1,429 


36,580 


224,598 


61,133 


285,731 


4,220 


2,417 


6,637 


14,376 


7,757 


22,133 


5,788 


3,820 


9,608 


2,299 


2,085 


4,384 


169,786 


89,157 


258,943 


4,132 


1,652 


5,784 


12,311 


8,278 


20,589 


2,429 


1,319 


3,748 


20,173 


594 


20,767 


35,449 


21,188 


56,637 


19,027 


15,503 


34,530 


12,750 


6,990 


19,740 


1,747 


913 


2,660 


75 


32 


107 


858,634 


340,932 


1,199,566 


864 


97 


961 


27,240 


2,986 


30,226 


869 


29 


898 


6,132 


1,921 


8,053 


324 


62 


386 


35,429 


5,095 


40,524 


1,239 


247 


1,486 


1,562 


385 


1,947 


27 


15 


42 


17,691 


2,227 


19,918 


17 


18 


35 


728 


207 


935 


1,229 


177 


1,406 


2,074 


705 


2,779 


11,328 


5,361 


16,689 


18 


4 


22 


929,976 


355,373 


1,285,349 



The immigration law as revised by the 59th Congress provides for a 
poll tax of $4 for every alien entering the United States. This tax is not 
levied upon aliens who shall enter the United States after an uninterrupted 
residence of at least one year, immediately preceding such entrance, in 
Canada, Newfoundland, Cuba or Mexico, nor upon aliens in transit through 
the United States, nor upon aliens arriving in Guam, Porto Rico or Hawaii. 
The money collected from poll taxes is to go into the Treasury and con- 
stitute a permanent appropriation for defraying the expenses of regulating 
immigration. 

The following classes are excluded from admission into the United 
States: All idiots, imbeciles, feeble-minded persons, epileptics, insane 
persons and persons who have been insane within five years; persons who 
have had two or more attacks of insanity at any time previously; paupers; 
persons likely to become public charges; professional beggars; persons 
afflicted with tuberculosis or with a loathsome or dangerous contagious 
disease; persons who have committed a felony or other crime involving 
moral turpitude; polygamists or persons who believe in the practice of 



Impeachment 342 Impeachment 



polygamy; anarchists or persons who beUeve in or advocate the overthrow 
by force or violence of the Government of the United States, or of all 
Governments, or of all forms of law, or the assassination of public officials; 
prostitutes, or women and girls coming into the United States for any 
immoral purpose; contract laborers who have been induced to migrate to 
this country by offers of employment or in consequence of agreements of 
any kind, verbal or written, express or implied, to perform labor in this 
country of any kind, skilled or unskilled; any person whose ticket or pass- 
age is paid for with the money of another, or who is assisted by others to 
come, unless it is satisfactorily shown that such person does not belong 
to one of the foregoing excluded classes and that said ticket or passage 
was not paid for by any corporation, society, municipality or foreign Gov- 
ernment, directly or indirectly; all children under 16 years of age unac- 
companied by one or both of their parents, at the discretion of the Secre- 
tary of Commerce and Labor, Nothing in the act shall exclude, if other- 
wise admissible, persons convicted of an offense purely political, not in- 
volving moral turpitude. Skilled labor may be imported if labor of like 
kind unemployed cannot be found in this country. The provisions of the 
law applicable to contract labor shall not be held to exclude professional 
actors, artists, lecturers, singers, clergymen, professors for colleges or 
seminaries, persons belonging to any recognized learned profession or 
persons employed strictly as personal or domestic servants. 

It is unlawful to assist or encourage the importation or migration of 
any alien by promise of employment through advertisements printed in 
any foreign country. This, however, does not apply to States or Terri- 
tories advertising the inducements they offer to immigration thereto. 

All aliens brought to this country in violation of law shall be immedi- 
ately sent back to the owners of the vessels bringing them. Any alien 
entering the United States in violation of law, and such as become public 
charges from causes existing prior to their landing, shall be deported at 
any time within three years after their arrival. 

Impeachment. A legislative act imputing improper con- 
duct on the part of an officer of the Government and calling him 
to a defense before the proper tribunal is called impeachment, 
A man who is impeached is not necessarily guilty of the act or 
acts alleged against him; the impeachment is simply the accu- 
sation, presented in legal form. In the case of an officer of the 
United States Government, the impeachment must be voted by 
the House of Representatives; the Senate of the United States 
becomes a high court, with Senators as jurors and the Vice- 
President, except when the President is impeached, as presiding 
officer. Should the President be impeached, the Vice-President, 



Impeachment 343 Impeachment 

who would become President in case of a vacancy in the higher 
office, would possibly not prove an impartial trial judge, and an 
unfair hearing might result. To avoid such a condition, the 
Constitution, in Article I, Section 3, Clause 6, provides that 
whenever it becomes necessary to try the President, the Chief 
Justice of the Supreme Court shall preside. The Senate, how- 
ever, is always the jury in any impeachment case. Conviction 
is possible only by affirmative vote of two-thirds of the Senators 
present when the vote i§ taken; two-thirds' vote of the entire 
Senate membership is not required. 

An impeachment trial does not endeavor to fix a criminal 
punishment upon the accused if he is found guilty; the Senate's 
judgment cannot extend farther than removal from office and 
disqualification to hold any other office of honor, profit or trust 
under the United States. The whole procedure is conducted 
solely to the end that the public service may be relieved of 
dishonest officials. The ordinary machinery of the law may 
thereafter be employed to bring to justice anyone removed from 
his office by impeachment proceedings. This later procedure 
is not contrary to either the letter or the spirit of Amendment 
V, which states, ''nor shall any person be subject for the same 
offense to be twice put in jeopardy of life or limb." The im- 
peachment trial simply ascertains a person's fitness to be longer 
a public servant; the accused before the bar of the Senate is 
in no danger of imprisonment, nor is he in the shadow of the 
death penalty, no matter how serious his crime. Therefore, 
when later State laws may be invoked against his deed, he can- 
not plead former jeopardy of life or limb. 

Only seven times in our history have articles of impeach- 
ment been voted by the United States House of Representatives : 

[1] Senator William Blount of Tennessee was impeached in 1798 
for engaging during the previous year, while Governor of his State, in a 
scheme for transferring forcibly from Spain to Great Britain the Territory 
. of the Lower Mississippi. The defense was that Senator Blount was not 
a "civil officer" and consequently was not liable to impeachment. The 
Senate upheld this view of the case and the accused was acquitted. 

[2] Judge John Pickering of New Hampshire was impeached in 
March, 1803, for drunkenness and profanity on the bench, and for un- 



Impeachment 344 Impeachment 

lawful decisions. He was convicted on all counts and was removed 
from office. 

[3] For reflecting on the Government and for injudicious actions 
and decisions in several political trials, Associate Justice of the Supreme 
Court, Samuel Chase, appointed from Maryland, was impeached in 1804. 
The trial occurred in January, 1805. On some of the articles of impeach- 
ment a majority of the Senators were in his favor; on others the majority 
were opposed to him. The prosecution could muster but nineteen votes 
on its strongest charge, while his friends were able to command fifteen. 
He was therefore acquitted and retained his position until his death. 

[4] United States District Judge James H. Peck of Missouri was 
impeached in December, 1830, for arbitrary conduct while trying a case. 
He was pronounced guiltless. 

[5] United States District Judge W. H. Humphries of Tennessee 
fought in the Civil War on the Confederate side and refused in the mean- 
time to resign his Judicial office. For this latter omission he was im- 
peached and convicted in 1862, by a unanimous vote of the Senate. 

[6] The most conspicuous official of the Government who ever 
faced impeachment proceedings was Andrew Johnson, President of the 
United States. He sharply disputed with Congress the right to dismiss 
members of his Cabinet in defiance of an act of Congress known as the 
Tenure of Office Act. This act had been vetoed by the President but it 
was passed over his veto. Secretary of War Stanton objected to lending 
assistance to Johnson in his scheme of reconstruction, and the President 
suspended him. When the Senate met, Johnson laid before that body 
his reasons for the act, but the Senators refused to sanction the removal 
and subsequent appointment of Grant as Stanton's successor; the latter, 
therefore, resumed his office. Within a short time Johnson again removed 
Stanton and appointed General Thomas in his place. The Senate passed 
a resolution supporting Stanton, and he refused to vacate his office. The 
House of Representatives on February 24, 1868, adopted a resolution for 
impeachment of Johnson by a vote of 126 yeas, 47 nays, 17 not voting. 
The articles of impeachment were eleven in number ; in effect they charged 
that the President had violated the Tenure of Office Act by removing 
Stanton and appointing Thomas; that he had been guilty of intimidation 
of the former, and also of an attempt to seize unlawfully the property and 
money of the War Department, which was in Stanton's charge; that he 
had declared the Thirty-ninth Congress an illegally constituted body; 
lastly, that he had failed properly to execute the acts passed by that 
Congress. By Constitutional provision, Chief Justice Chase presided at 
the trial, which began March 30th. It was finished April 20th and from 
that date to May 6th counsel for both sides presented their arguments. 
On May 16th a vote was taken on Johnson's declaration of the Constitu- 
tionality of the Thirty-ninth Congress and his attempt to prevent the 



Imperialism 345 Imperialism 

enforcement of its acts. The vote lacked one of a sufficient number to 
convict. On May 26th the second vote was taken on the legality of the 
Thomas appointment; the result was the same as at first. No further 
vote was taken, and upon the suggestion of Chief Justice Chase a verdict 
of acquittal was entered. 

[7] In March, 1876, by vmanimous vote the House impeached Sec- 
retary of War Belknap for having received at various times nearly $25,000 
for appointing and retaining in office a post-trader at Fort Sill, Indian 
Territory. Only a few hours preceding the impeachment he resigned his 
office. On April 4th, the articles of impeachment were presented to the 
Senate, but Belknap claimed that as he was no longer a civil officer, he was 
not subject to trial. The Senate debated this question a month and 
decided that it had jurisdiction regardless of the resignation. The neces- 
sary two-thirds of the Senators would not vote to convict, and Belknap 
was acquitted. 

In States of the Uition the proceedings in impeachment 
cases is practically the same as in the United States Govern- 
ment service. The House of Representatives brings the 
charges, and the Senate tries the accused; when the Governor 
is under impeachment, the Chief Justice of the State Supreme 
Court presides at the inquiry. See Censure of the President. 

Imperialism, in its historic sense, is a term used to desig- 
nate the policy of a Government in control of an absolute 
monarch. Today it is associated with the desire of many 
countries to acquire foreign provinces as dependencies. In the 
United States Government the acquisition of alien land was 
never a part of our policy, and up to 1898 we rigidly adhered 
to our principle of "splendid isolation" and non-interference 
with the affairs of the rest of the world. The Spanish-American 
War was forced upon us as an act of humanity to the Cubans, 
and its consequences were far-reaching. We captured the 
Philippine Islands from Spain and took Porto Rico. In the 
Treaty of Paris these possessions we retained, much against 
the better judgment of a considerable number of the people of 
the United States. Those who favored retaining what came 
to us through means so obviously fair were called by their 
opponents "imperialists," and the dominant political party 
(Republican) was charged with imperialistic tendencies. 
Whether the United States shall permanently continue to wield 



Imports 346 Impressment 

sovereign power in our insular possessions has not been defin- 
itely determined at this date (1908) ; the political party opposed 
to the administration under which they were secured favors 
selling both Porto Rico and the Philippines; if the Democratic 
party wins at the polls in a National election this policy will 
be vigorously discussed, and a decisive vote reached. In the 
end the United States would accept "imperialism," with all its 
intricate problems of statecraft, or retire from participation 
in one of the greatest of world questions — that of guaranteeing 
good government to those unable to govern themselves. See 
Treaty With Spain. 

Imports, a name derived from its verb, import, meaning, 
to bring from a foreign country into one's own country. Im- 
ports, then, are goods purchased in a foreign country and 
brought to our country to be sold for profit or used personally 
by the importer for his own comfort or pleasure. It is custom- 
ary to levy a tax upon imports, called a duty, or customs duty. 
Another name for this tax is impost. See Customs Duties. 

Impost. An impost is a duty levied upon goods of foreign 
manufacture which are brought into this country either to be 
sold for profit or intended for the personal use of the importer. 
The word is synonymous with customs duty; it differs from 
an excise tax in that the latter is a tax upon goods of domestic 
manufacture. See Excise; Customs Duties. 

Impressment. The act of seizing private property for 
public uses or the act of forcing a person into public service is 
termed impressment. To students of history and civics the 
word most frequently recalls the act on the part of Great Britain 
which was one of the causes of the second war for independence, 
namely, the impressment of American seamen. It was a tenet 
of English rule that if a man was once an Englishman he was 
always such; he could not forswear his allegiance and join his 
fortunes to another country. To harass our commerce and 
assert its imperial sway on the sea English war vessels stopped 
many American merchantmen and searched them for alleged 
subjects of the King who might be serving under American 
banners. Many were seized in these raids who had never seen 



Imprisonment for Debt 347 Inalienable Rights 

England. Protests of the American Government were of no 
avail and the abuse was not halted until our second victory 
over the mother country, in 1812-1815. The question of im- 
pressment was not mentioned in the treaty closing the war, but 
the practice was not continued, and today Great Britain recog- 
nizes the right of an Englishman to become a citizen of any 
other country of his choice. 

Imprisonment for Debt. In nearly every country of the 
world its laws, at different periods of history, have punished 
by imprisonment those citizens or subjects who were unable 
or unwilling to pay their debts. England possibly presents the 
most notable example; it is there the custom is declared to 
have originated, and the ablest British writers of fiction have 
given graphic pen pictures of the distress attending the execu- 
tion of debtor's statutes. The United States early sanctioned 
the custom, borrowed from the mother country. As late as 
1829 there were in the prisons of Massachusetts 3,000 debtors; 
in New York, 9,000; in Pennsylvania, 7,000; and smaller 
numbers in other States. In 1834 laws were passed by which 
imprisonment for debt was abolished in this country, but they 
were not fully enforced until nearly 1840. A single instance 
of the folly of such a statute, solely from the standpoint of 
public policy, is the following, from the records of the State of 
Pennsylvania: During the year 1828 there were 1,088 debtors 
imprisoned in the city of Philadelphia. The total amount of 
their debts was $25,409; the expense to the city of keeping them 
in jail was over $362,000, and of the amount owed by the 
unfortunates, only $295 was paid during the year. 

Inalienable Rights. All free people zealously guard every 
right and privilege which they and their ancestry have secured 
from overlords during centuries of struggle towards emancipa- 
tion. The Constitution of the United States, in its original 
form, did not mention specifically the rights of the masses of 
the people, and it was feared by many that the way was left 
open for a strong man or faction to usurp authority and deprive 
them of some of their dearly purchased independence. Pressure 
was brought to bear upon the First Congress to remedy this 



Inaugural Address 348 Inaugural Address 

defect, and ten of the Amendments were adopted in 1790. 
These are popularly called the "American Bill of Rights," and 
include some of those rights of which a free people cannot be 
deprived. Among the inalienable rights of Americans are the 
right to be secure in the possession of their lawful property; to 
be free from unlawful searches and seizures; to enjoy the 
privilege of free speech and of a free press and the right of 
petition. If any of these are violated, it is the duty of the 
Government to restore them speedily. Thus they become 
rights which are "inalienable." 

Inaugural Address. Every President of the United States, 
as he enters upon the duties of his office, outlines his policy 
in a public address. There is no legal necessity for such an 
announcement of Executive opinion, but the custom was 
established at the time of Washington's first inauguration. A 
new President is inaugurated at noon on the fourth of MarcTi 
of every fourth year, in view of thousands of his countrymen, 
on the grounds of the National Capitol. He turns from the 
Chief Justice of the United States, who usually administers the 
oath of office, and, facing the masses of witnesses, delivers his 
address. The occasion is always notable, for the new Executive 
outlines the policy it is expected his administration will 
pursue. 

Washington's first inaugural address contained 1,300 
words; his second, only 134 words. Possibly the most import- 
ant ever delivered on one of these occasions was Lincoln's first 
inaugural, when the issues of peace and war were challenging 
the attention of the world. On the day Lincoln took the oath 
of office his address consisted of 3,588 words; at his second 
inaugural, at the conclusion of a gigantic civil struggle, it was 
3,000 words shorter, but was a masterpiece of oratory. The 
personal pronoun "I" was uttered but once in this second ad- 
dress, a record only equaled by President Arthur later in his 
inaugural of 431 words. President Fillmore, of all our Chief 
Executives, is the only one who did not prepare and deliver an 
inaugural address; he did not deem the formality necessary, in 
view of the manner in which he assumed office. 



Income Tax 349 Incorporation 

Income Tax, a tax levied upon the incomes or profits of 
citizens or subjects for the support of the Government. Such 
taxes are levied regularly in Great Britain, but have been 
resorted to only once in the United States. Such a tax is always 
unpopular, but in the days of the Civil War and during recon- 
struction, people submitted to such a means of raising revenue 
with fairly good grace. An act passed in 1861 created an in- 
come tax of three per cent on incomes of $800 and upwards. 
The rate and minimum income subject to taxation were changed 
two or three times before 1872, Avhen the tax was abolished. 
The total collections during the years the law was in force were 
almost 1350,000,000. 

A more recent effort has been made to raise revenue by 
means of such a tax. In 1894 an income tax law was passed, 
but it was declared unconstitutional because of * defects in the 
proposed manner of making collections. 

Incorporation, the act of joining together as one person 
for public or private purposes. An incorporation, defined in 
briefest form, is a fictitious person — an artificial body. If a 
very large number of persons employ their united capital to 
conduct an enterprise of great magnitude, it is manifestly 
impossible for all of them to take part in the management of 
the enterprise. In such cases these persons may organize a 
company, as provided under special laws, said company being 
considered under the law as a single individual, with certain 
rights and privileges. This company, called a corporation, acts 
always as a single individual; it may sue and may be sued; it 
may do anything within legal bounds to advance its business 
interests. The partners in this corporation hold certificates, 
called shares, which represent their investments. Each stock- 
holder is entitled to vote for directors, the strength of his vote 
being determined by the number of shares he owns. The 
directors manage the daily affairs of the corporation, and are 
responsible to the shareholders. 

Every city and many villages are incorporations in a sense 
exactly like the great private corporations referred to above. 
The people of a municipality secure consent from the State 



Indenture 350 Independent 

authorities to form a business organization for the purposes of 
self-government within certain territorial limits. Each resident 
within the prescribed area is virtually a shareholder in the 
enterprise, and at elections he helps to elect directors, called 
city or village officers, to manage judiciously and economically 
the business of government so that the best interests of the 
people are served. The city or village corporation before the 
law is just as important as any corporation organized for private 
business purposes, but in no sense more influential. The public 
corporation can sue and may be sued; when its rights and the 
rights of the private corporation are in dispute, the public 
enterprise, regardless of the fact that it represents the general 
public, enjoys no advantage before the courts that is not ac- 
corded its less prominent opponent. 

All incorporations, of whatever kind, are under control, 
both as regards what they may do and the manner in which 
they may do it. The written authority under which they operate 
is called a charter, and this they cannot dispense with, neither 
can they alter it, except as provided by law. See City; Village. 

Indenture. An instrument of contract, under seal, exe- 
cuted in duplicate between two parties, each party retaining 
a copy, is called an indenture. The origin of the word as here 
defined is as follows: Formerly in executing a deed in dupli- 
cate, or counterparts, it was written with both parts on one 
sheet, leaving a blank strip between them; the parts were 
"indented" by being cut asunder in a notched or waving line, 
and the instrument was called an indenture. 

It is customary to begin the wording of wills, deeds, and 
the like with the words, "This indenture," etc. 

Independent. This term is applied in politics to a voter 
whose fealty to party is not strong enough to induce him to 
vote with and endorse that party under any and all circum- 
stances. The spirit of independence in voting grows stronger 
year by year. Fewer than thirty years ago independent voting 
was rare; the person who dared to break away from party 
nominations and vote for the opposition ticket, or any part of 
it, was called, in derision, a "mugwump" [q. v.]. 



Indiana 



351 



Indiana 



Indiana. Indiana was originally French territory, owing 
to explorations in the vicinity by La Salle, in 1679. In 1702 
the French emphasized their right to ownership by building a 
fort at Vincennes, which became the first permanent settle- 
ment in the State. In 1763, the treaty closing the Intercolonial 
Wars ceded the territory to the English, who in turn transferred 
it to the United States by the treaty of 1783. Four years 
later, under the Ordinance of 1787, Indiana became a part of 
Northwest Territory and so remained for thirteen years, when 
Indiana Territory was organized. This form of government 
continued until 1816, when Indiana became the nineteenth 
State of the Union. 

Government. The State has had two Constitutions, the 
first in 1816 and the present one in 1851 ; the latter was amended 
in 1873 and again in 1881. Amendment is possible only by 
majority vote of the members of each House of the Legislature 
at two consecutive sessions. The right to vote is granted to 
male citizens of the United States, twenty-one years of age, who 
have resided in the State six months, in the township sixty 
days and in the voting precinct thirty 
days. The Legislature is composed of 
a Senate limited to fifty members and a 
House of Representatives limited to one 
hundred members. Senators are chosen 
for four years and Representatives for 
two years. Regular sessions are limit- 
ed to sixty days and special sessions 
to forty days. Members receive $6.00 
per day while in attendance, and are allowed mileage. The 
Executive Department consists of a Governor and Lieutenant- 
Governor, chosen for terms of four years, and Attorney-Gen- 
eral, Secretary of State, Auditor, Treasurer and Superinten- 
dent of Education, chosen for two years. The Governor 
may not be elected for two consecutive terms. A veto by 
the Governor may be overridden by a majority vote of each 
House. If the Governor does not sign or reject bills within 
three days from the time they reach him, they become laws 




STATE SEAL OF INDIANA. 



Indian Affairs 352 Indictment 

without his action. The Judicial power is vested in a Su- 
perior Court of five Justices, chosen for six years; in an Ap- 
pellate Court of six judges, chosen for six years; in various 
Circuit Courts, each presided over by one Judge who is 
chosen for six years, and in Justices of the Peace in each town- 
ship, chosen for four years. 

Indian Affairs, Bureau of. For the first fifty years of 
our Government, the management of the American Indians 
was in charge of the Department of War, where under-secre- 
taries and clerks conducted matters so loosely and inefficiently 
that great dissatisfaction prevailed. In 1832 Congress author- 
ized the office of Commissioner of Indian Affairs, to be filled 
by appointment of the President; this officer was charged 
with the task of thoroughly organizing a bureau to deal solely 
with the Indians, and to maintain it at a high grade of efficiency. 
The Commissioner was under the Department of War until 
1849, since which time the Bureau of Indian Affairs has been 
a part of the Department of the Interior. 

Indictment. To indict is to find and declare one to be 
chargeable with crime; an indictment is a formal written 
charge against a person, in language following the forms of 
law, presented by a grand jury, and used later in court as the 
basis for trial of the accused. The essential features of a valid 
indictment are (1) that it be presented by the grand jury to 
some court having jurisdiction over the offense indicated; (2) 
that it be found a "true bill" [q. v.], signed by the foreman of 
the jury, and, when required by statute, by the prosecuting 
attorney as well; (3) that it be framed with certainty, contain- 
ing a description of the crime or misdemeanor charged, the 
name of the accused, and the facts constituting the offense, as 
far as the jury has been able to learn them; (4) it must be 
written in the English language. 

In States where the grand jury is not regularly a part of 
the Judicial machinery, the accused is held for trial on an 
"information," instead of an indictment. An information 
contains practically what must be included in an indictment; 
it is issued by the examining magistrate (Justice of the Peace) 



Infant 353 In God We Trust 

upon request of the State's Attorney, if in his opinion enough 
evidence has been presented to warrant binding the accused 
over to the coming term of court for trial. See Grand Jury; 
Information. 

Infant. In law, any person under twenty-one years of age 
is an infant, or minor. The only exception to this rule is in 
States where females come to legal age and reach the period of 
responsibility at the age of eighteen or twenty. An infant can 
not make legal contracts for anything except necessities of life, 
such as food, clothing and education; but any contract with a 
minor may be made valid by his formal acknowledgment of its 
terms and conditions as soon as he becomes of age. 

Infantry, foot soldiers, equipped with small arms; the 
most numerous fighting branch of an army, the other divisions 
being cavalry and artillery. In the United States army, by 
authority of the Act of 1901, there are thirty regiments of 
infantry of about 850 officers and men, with thirty regimental 
bands, and 360 companies of infantry, each with 68 officers 
and men. See Army of the United States; Artillery; 
Cavalry. 

Information, a legal writ, similar to an indictment, by 
which a person accused of crime is held by the examining 
magistrate (Justice of the Peace) to the County Court for trial. 
In an indictment by a grand jury, the true bill is found without 
the presence and testimony of the accused, but in an examina- 
tion before a Justice of the Peace he is given an opportunity to 
be heard in his own defense, sufficiently to establish the main 
facts in the case. Neither a grand jury investigation nor an 
inquiry before a Justice Court is a trial of the case; it seeks only 
to learn if there is sufficient evidence to warrant a future trial 
of the case on its merits. See Indictment; Grand Jury. 

In God We Trust. This motto first appeared in our coinage 
on the copper two-cent piece issued from the mint in 1864, 
under warrant of an act of Congress of the same year. Section 5 
contained the authority, in the following paragraph : 

And be it further enacted, That, in addition to the devices and legends 
upon gold, silver and other coins of the United States, it shall be lawful 



Inhabitant 354 Inheritance Tax 

for the director of the mint, with the approval of the Secretary of the 
Treasury, to cause the motto "In God We Trust" to be placed on such 
coins hereafter to be issued as shall admit of such legend thereon. 

The use of the phrase was not mandatory; decision rested 
with the President and his Secretary of the Treasury. In 1907, 
President Roosevelt ordered the motto removed from current 
coinage, on the ground that in many minds it excited a spirit of 
levity. So much opposition to this decision was aroused in 
various religious bodies that Congress was appealed to early 
in 1908 for a law providing for the use of the words on at least 
all gold coins. In April of that year both Houses passed such 
an act, in terms covering all coins large enough to receive the 
legend without overcrowding the design, and it received 
prompt Executive approval. 

Inhabitant, a resident; one making his home permanently 
in a place. The laws of the various States specify different 
degrees of permanency in residence as constituting an inhabitant 
for voting privileges and the right to hold office. See Citizen- 
ship; Qualifications of Voters. 

Inheritance Tax. A very old form of raising revenue for 
the support of Government is by means of a tax levied upon 
property bequeathed by will of a deceased person to his heirs 
or legatees. The inheritance tax was first levied in the Roman 
Empire to raise money for the support of the army. In Eng- 
land such taxes are called death duties, and have been imposed 
since 1780. Adam Smith's great book on economics, the 
Wealth of Nations, is credited with making this form of tax a 
permanent feature of England's fiscal policy. 

Inheritance taxes are now in force in practically all the 
countries of Europe and in many States of the Union. The 
Federal Government employed this means of raising money 
during the Civil War, but the law was repealed at the close of 
the struggle. About fifteen States have statutes in force pro- 
viding for taxes upon inheritances, and large revenues are 
secured from this source. New York naturally leading, Penn- 
sylvania and Massachusetts following closely. The popularity 
of such a tax levy is increasing. The rate per cent of tax 



Initiative, Referendum — 355 Initiative, Referendum — 

varies in different States, running from one-half of one per cent 
to four or five per cent. 

Much dissatisfaction is always expressed over attempts 
to levy and collect taxes upon personal property in possession 
of its owner; concealment and false representation are common. 
When an estate is divided, however, the laws regulating the 
administration of the probate courts provide for publicity, so 
that the entire property of the decedent is disclosed to the 
knowledge of the authorities. Therefore, the inheritance tax 
is a very effective method of taxation, equal and uniform in its 
operation, and less a burden than direct taxes. 

Initiative, Referendum and Recall. During recent years 
the people of the United States have shown a disposition to 
take a more direct part in legislation than formerly, and to 
exercise a closer supervision over the officials they place in 
positions of trust. To this end they have demanded, in some 
States, the right to direct by vote that the State Legislature 
place certain laws upon the statute books; in others, they 
demand that no act passed by the Legislature shall become a 
law until it receives the approval of the majority of voters of 
the State; the failure of any measure thus placed before the 
people would invalidate it, regardless of the attitude of the 
Legislative body. These two are known, in general terms, as 
the Initiative and the Referendum, and both are steadily 
growing in public favor. 

Possibly the most radical measure designed to vest control 
in the hands of the electorate is the Recall. In no Eastern com- 
munity has this political doctrine secured a foothold, but in 
a number of Western cities it is an important factor in govern- 
ment. The people put into office men whom they have reason 
to believe will faithfully perform their duties. Too frequently 
the officeholder forgets both his pledges and his oath and serves 
private interests. On the theory that what the people have 
done they should have the power to undo, a vote on the question 
of recalling a man from a position he does not honorably fill 
would seem to be a sane political measure. Such a vote is 
termed a Recall; if it receives a majority of the votes cast, the 



Injunction 356 Inquest 

official is at once unseated and by a new election the vacancy 
thus created is filled. 

Injunction. An injunction is a decree of a court of equity 
by which a person, firm or corporation named therein is for- 
bidden to do a certain thing, or is forced to perform an act 
which as a matter of justice should be done for the benefit of 
another. A writ of injunction may be asked for without 
notification to the party against whom it is sought. In such 
case the court grants a temporary injunction and sets a day on 
which the matter shall be argued. On the day of the hearing, the 
court decides whether the plea shall be sustained — whether the 
injunction shall be made permanent or be dismissed altogether. 

An injunction is never issued to restrain a person from 
committing a crime. It is a civil writ, while a crime, actual or 
contemplated, is a violation of the criminal code. Contract 
rights and the rights of property are safeguarded by writs of 
injunction. For example, in a labor dispute resulting in a 
"strike," the laborers may attempt to restrain by violent means 
other people from entering upon their former employment. 
This is unjust, as it is the right of labor to find employment 
wherever the demand exists, and it is prejudicial to the interests 
of employers, who should be free to choose their employes upon 
such terms as may be mutually satisfactory. The employers, 
then, may ask the courts to issue an injunction against any 
labor union, to the end that "picketing" shall cease and that 
his new employes shall in no manner be molested. An injunc- 
tion order is always served by an officer upon the defendant 
or defendants; any one who disobeys its provisions is guilty 
of contempt of court and may be punished by fine or imprison- 
ment, or both, in the discretion of the court. 

Inquest. An inquest is a semi-judicial inquiry into a 
special matter, by aid of a jury, usually of six persons, im- 
paneled for that specific purpose. The most frequent applica- 
tion of the law relating to inquests is in connection with in- 
quiries into causes of sudden or mysterious deaths. In no 
State can a body be buried legally unless a properly attested 
certificate names the cause of death. This is ordinarily signed 



Insolvency 357 Interior 

by the physician in attendance, and is in effect a burial permit. 
If the cause of death in any case is unknown, it becomes the 
duty of the coroner of the county in which the death occurs 
to ascertain such cause by any means at his disposal. To this 
end he impanels a coroner's jury to hear such evidence as may 
be presented, and he sits as presiding officer. The jury renders 
its verdict in accordance with the facts that the inquiry de- 
velops. If foul play is disclosed, the jury may name the 
suspected person or persons, and the officers of the law then 
must assume the responsibility of bringing the accused to 
justice. See Coroner. 

Insolvency is the financial condition of a person who is 
unable to pay his debts as they become due. It is possible to 
obtain lawful release from insolvency through the National 
bankruptcy laws. See Bankrupt Law. 

Insolvent. See Bankrupt. 

Insurgent, one who participates in open resistance to the 
constitutional authorities of a place or country. Insurgent 
uprisings are most numerous in subject provinces; they are 
rare in established governments. The experience of the United 
States in recent years with such rebellions has been limited to 
the Philippine Islands, during the period of pacification. 

Insurrection. An insurrection is a rebellion in its first 
stages, before plans of operation are matured or thorough 
organization is perfected. Those participating in such an 
uprising are called insurgents; the name changes to rebels, if 
the matter reaches the stage of a rebellion. See Insurgent; 
Rebellion. 

Interior, Department of the. This is one of the Exeea- 
tive departments of the Government, whose head, the Secretary 
of the Interior, is a member of the President's Cabinet. The 
Department was organized in 1849, previous to which time the 
bureaus constituting it were parts of other Executive depart- 
ments. To the Department of the Interior upon its organiza- 
tion were transferred the Patent Office and the Census Bureau, 
from the Department of State; the Land Office, from th? 
Treasury Department; the Bureau of Indian Affairs, from the 



Interior 



358 



Interior 



Department of War; the Pension Bureau, from the Depart- 
ments of War and the Navy, and the care of certain public 
buildings, of which the President had been custodian. At a 
later date the Bureau of Education, which had had an existence 
independent of any Department, was added to the Department 
of the Interior. 

The Secretary of the Interior receives a salary of $12,000 
per year; his principal subordinates and their salaries are as 
follows : 

SALARY 

Assistant Secretary $4,500 

Assistant Secretary 4,000 

Chief Clerk 2,750 

Commissioner of Patents 5,000 

Commissioner of Pensions 5,000 

Commissioner of Land Office 4,000 

Commissioner of Indian Affairs 4,000 

Commissioner of Railroads 4,500 

Commissioner of Education 3,000 

Commissioner of Labor 5,000 

Director Geological Survey 6,000 

Chief Census Division 6,000 

The Secretary receives his appointment from the President 
of the United States, but the choice must be confirmed by the 
Senate. A list of all the Secretaries of the Interior follows: 



Thomj s Ewing, 


Ohio, appoi 


nted March 7, 1849. 


Alexander H. H. Stuart, 


Virginia, ' 


Sept. 12, 1850. 


Robert McClelland, 


Michigan, ' 


March 7, 1853. 


Jacob Thompson, 


Mississippi, ' 


March 6, 1857. 


Caleb B. Smith, 


Indiana, ' 


March 5, 1861. 


John P. Usher, 


Indiana, ' 


January 8, 1863. 


James Harlan, 


Iowa, ' 


May 15, 1865. 


Orville H. Browning, 


Illinois, ' 


July 27, 1866. 


Jacob D. Cox, 


Ohio, 


March 5, 1869. 


Columbus Delano, 


Ohio, 


Nov. 1, 1870. 


Zachariah Chandler, 


Michigan, ' 


Oct. 19, 1875. 


Carl Schurz, 


Missouri, ' 


March 12, 1877. 


Samuel J. Kirkwood, 


Iowa, ' 


March 5, 1881. 


Henry M. Teller, 


Colorado, ' 


April 6, 1882. 


Lucius Q. C. Lamar, 


Mississippi, ' 


March 6, 1885. 


William F. Vilas, 


Wisconsin, ' 


Jan. 16, 1888. 


John W. Noble, 


Missouri, ' 


March 5, 1889. 



Interior 359 Internal Improvements 



Hoke Smith, 


Georgia, 


appoints 


3d March 6, 


1893. 


David R. Francis, 


Missouri, 




Aug. 24, 


1896. 


Cornelius N. Bliss, 


New York, 




March 5, 


1897. 


Ethan Allen Hitchcock, 


Missouri, 




Dec. 21, 


1898. 


James R. Garfield, 


Ohio, 




Dec. 13, 


1906. 



See Cabinet of the President; Interior, Secretary 

OF THE. 

Interior, Secretary of the. Not until 1849 did Congress 
authorize the appointment of an Executive officer to assume 
control, under the President, of the vast and rapidly growing 
internal interests of the country, involving at once both State 
and National relations. Upon the organization of the Govern- 
ment a "Home Department" was proposed, whose head should 
be ''Home Secretary," but the project met with opposition, and 
the interests such an officer would naturally have controlled 
were divided among other Department heads. In 1849, the 
Department of the Interior was organized, and by custom, not 
by law, its official head from that date has been a member of 
the Cabinet of the President, with the title Secretary of the 
Interior. He is subordinate to the President, who is the 
supreme Executive power under the Constitution. The salary 
of the Secretary is $12,000, and his term of office is four years, 
the length of the term of his chief. See Cabinet of the Presi- 
dent; Interior, Department of the. 

Internal Improvements. No political party in the United 
States ever opposed the policy of erecting lighthouses and 
massive breakwaters, wherever needed, under direction of the 
Government and at Government expense. Such expenditures 
are considered to be a benefit to all the people. But on the 
question of appropriations by Congress for improvements on 
public roads, upon rivers of the interior, etc., there have been 
marked differences of opinion. The benefits derived from 
good roads pass directly to individual States, and deep water- 
ways seldom affect the interests of more than one or two States. 
One great highway was projected from Cumberland, Maryland, 
to the Ohio River, by act of Congress in 1806, and S30,000 of 
public money was appropriated for preliminary surveys. For 



Internal Revenue 360 Internal Revenue 

over thirty years it was a political issue; sixty appropriation 
bills were passed to provide funds for different parts of the 
work, and nearly S7,000,000 in all was spent. The develop- 
ment of railroads put a stop to the project while yet unfinished. 
Since that date no effort has been made by the National authori- 
ties to assist internal projects of this character. The issue with 
respect to river traffic is in many respects different. A great 
waterway, like the Mississippi, the Ohio, or the Missouri River, 
can be made to serve the interests of the people of a great area; 
no serious objection is ever heard to reasonable appropriations 
to improve river navigation when more than one locality is 
benefited. Every Congress, therefore, makes large provision 
for such improvements, in the biennial River and Harbor Bill. 

In the days when pioneer railroad men were endeavoring 
to extend their lines to the Pacific coast through deserts and 
mountains, the Government gave financial aid, out of which 
grew a number of grave scandals of maladministration. How- 
ever, the subsequent rapid development of the great West 
abundantly justified the expenditures. Probably no further 
public assistance will be needed by private enterprise in devel- 
oping the country; it is doubtful if any would be voted, if 
requested. 

Internal Revenue. The money needed to defray the 
expenses of the National Government is obtained from taxes 
levied upon imports coming into the country, and upon certain 
commodities manufactured within the country. The former 
are called customs duties, or foreign revenue; the latter, in- 
ternal revenue. For many years past the revenue from taxes 
upon imports has provided more than half of the money collected 
annually by the Government. The laws relating to internal 
revenue are quite elastic; they make it possible for Congress 
to levy taxes upon any commodity of home manufacture, sub- 
ject to change whenever varying conditions require it. To 
Congress is given the sole power "to lay and collect taxes, 
duties, imposts and excises," the only restriction upon this 
power being that all such taxes shall be uniform throughout 
the United States. 



Internal Revenue 361 Internal Revenue 

The first internal revenue law was passed in 1791. It 
provided for a tax on distilled liquors of domestic manufacture, 
discriminating in favor of those produced from domestic 
material and against those manufactured from foreign material. 
This act led to the famous Whiskey Rebellion, which President 
Washington, by exercise of armed force, quelled in its early 
stages. In 1794, the taxation of internal manufactures was 
increased by levies on carriages, the retail sale of wines and 
liquors, on snuff and on sugar. These taxes are all indirect 
in nature, manifestly so because any person refusing to pur- 
chase articles which are taxed may avoid paying any share of 
the revenue derived from their sale. 

In 1798 the first direct internal tax, which netted about 
two million dollars, was apportioned among the States, and it 
was proposed it should be levied on dwelling houses, slaves and 
land. The tax of 1791, above referred to, was levied principally 
for the reason that it was desired by the first administration 
to establish definitely the principle of National taxation. The 
1798 direct tax levy was thought necessary because of threat- 
ened war with France. Later laws placed revenue taxes upon 
a great variety of articles of domestic manufacture, such as 
wine, candles, playing cards, umbrellas, beer, hats, harness, 
household furniture, watches, boots and table-ware. From 
time to time this list was materially altered, many things being 
dropped from the taxable list and others being added. The 
Civil War renewed the necessity of taxation all along the line, 
and the principle of direct taxation was again invoked. 

During the Spanish- American War in 1898, additional 
revenue was needed quickly, and a tax was placed upon many 
legal documents and upon bank checks and drafts. This 
emergency tax produced a revenue of many millions of dollars. 
When the need for it was no longer apparent, the law was 
repealed. 

In times of peace, when the country experiences no pressing 
need of more than the usual amount of revenue, a sufficient 
amount is derived from taxes upon imports and upon internal 
revenue levies upon all kinds of malt and spiritous liquors and 



International Arbitration 362 International Boundary 

upon the manufacture of tobacco in all its forms. See Customs 
Duties; Imposts; Excises. 

International Arbitration. For the hundreds of years that 
civilized countries have sought to maintain themselves against 
all other powers, international disputes have been as a rule 
settled by resort to arms. Almost all the progress toward 
amicable adjustment of international disputes has been made 
since the beginning of the twentieth century. In the very last 
years of the nineteenth century, in 1897, the friends of arbitra- 
tion all over the world were greatly depressed by the defeat of 
a measure in the United States Senate which would have placed 
all future disputes between Great Britain and the United States 
before a court of arbitration for adjustment. As strange as it 
may appear, the Czar of Russia has taken a leading part in 
bringing the nations of the world together in a court of arbitra- 
tion to which disputes should be referred. See Hague Tri- 
bunal. 

The principle of adjustment of all international difficulties 
by reference to a competent court has been gaining ground so 
rapidly that doubtless within a few years all danger of great 
wars will be averted. 

International Boundary. The line dividing the United 
States and Canada has been distinctly marked by the British 
and American Commissioners with stone cairns, iron pillars, 
wood pillars, earth mounds and timber posts. A stone cairn 
is seven and a half feet by eight feet high, earth mounds seven 
by fourteen feet, an iron pillar eight feet high, eight inches 
square at the bottom and four inches at the top, timber posts 
five feet high and eight inches square. Of these marks there 
are 385 between the Lake of the Woods and the base of the 
Rocky Mountains. 

That portion of the boundary which lies east and west of 
the Red River Valley is marked by cast iron pillars at even mile 
intervals, the British placing one every two miles and the United 
States one between the British posts. Upon the opposite faces 
are cast, in letters two inches high, the inscription "Convention 
of London" and "October 20, 1818." The average weight of 



International Copyright 363 International Copyright 

each pillar is eighty-five pounds. For the wooden posts, well 
seasoned logs are selected and the portion above the ground 
is painted to prevent swelling; the Indians interfere with the 
wooden ones, by cutting them down, so iron is being substituted. 

When the line crosses lakes, mountains of stone have been 
built, the bases being in some places eighteen feet under water, 
the tops projecting some eight feet above the surface of the 
lakes at high water mark. In forests the line is marked by 
felling the timber a rod wide and clearing away the underbrush , 
a heavy undertaking, but carefully and thoroughly done. 

International Copyright. Copyright privileges were form- 
erly limited to the citizens of the country which issued them, 
and against other countries no protection was to be obtained. 
Such a condition was not especially objected to when the nations 
were less cosmopolitan and each cared little for the literary 
productions of the others, excepting the writings of the greatest 
authors, which, however, by the passing of years, had become 
the common property of the world. During those times an 
American author knew his product would have little sale abroad 
and, generally speaking, a foreign publisher would run risk of 
financial loss if he attempted to produce in his own country, 
with or without the author's consent, any of the latter's works. 
For a good many years, however, the condition of the literary 
market has been changing. English, French and German 
authors of this generation are widely read in the United States, 
and our writers enjoy constantly increasing prestige abroad. 
An unauthorized foreign edition of a popular book has been 
sold in quantities unheard of many years ago, and to protect 
the author and his right to revenue from such sales an inter- 
national copyright agreement has been reached. The first 
effort was made by convention in 1885, at Berne, Switzerland, 
but not until 1891 did the United States sign the articles of 
agreement. At the present time any citizen or subject of a 
State granting reciprocal courtesy may secure in this country a 
copyright on exactly the same terms and in the same manner 
prescribed for a citizen of the United States. The formalities 
required of American authors who would protect their works in 



International Law 364 International Law 

England by copyright are more burdensome than we impose 
upon the Englishman. Great Britain requires that the Ameri- 
can author or publisher make his copyright effective in England 
on the same day it goes into effect at home, and that he have 
an English representative through whom application may be 
made. This obvious difficulty will doubtless in time be re- 
moved. See Copyright. 

International Law has been defined by legal authorities 
as "that collection of usages which civilized States have agreed 
to observe in their dealings with each other." It consists of 
rules for the conduct of different nations toward each other, and 
these rules are based upon reason, justice, and the nature of 
the Governments involved. It differs in three important 
respects from ordinary constitutional law: 

First, it is not made by enactment of any Legislative body. 

Second, not being written law in the sense of having been enacted 
by a Legislative assembly, it cannot be interpreted by any authorized 
Judicial body. 

Third, its provisions cannot b6 enforced by any superior power, 
because the great powers agreeing to the principles of international law 
stand on equal footing one toward another. 

International law is interpreted in the light of precedent 
and mutual agreement, and rests directly on the consent of 
those nations that agree to obey it. In every international 
dispute, the final tribunal is war or arbitration. There are 
seven principal sources of international law: 

[1] The law of nature, which has by some been confused with the 
law of nations, as expounded in ancient Rome. This was founded on a 
theoretical consideration of such moral laws as were believed to be uni- 
versally accepted. But the true interpretation of the law of nature is an 
adaptation of the dealings of the Roman law with aliens, whose rights 
were not recognized under the various municipal laws. 

[2] The opinions of recognized experts on international customs 
and usages is another principal source of international law. International 
law is practically a modem product, and was almost entirely the creation 
of Hugo Grotius, who lived in the seventeenth century; its later develop- 
ments have been influenced by the opinion of eminent professors, because 
in absence of legislative and judicial reviews, these experts have taken 
upon themselves the prerogative of somewhat judicial utterances. The 



Interpretation Act 365 Interstate Commerce Act 

conclusions of writers on international law cannot be accepted without 
reserve, unless they are abundantly supported by precedent. 

[3] Another principal source is treaties and agreements of like 
nature between various countries. A treaty can only bind the two coun- 
tries which si^n it, but it may be important in many cases affecting other 
countries, because it shows precedent, and of course a treaty is more im- 
portant from the point of international law if the countries signing it are 
themselves of the first rank. 

[4] Decisions in arbitrations between - coimtries. Weight is at- 
tached to such decisions in the proportion of the majority of the countries 
involved in the arbitration proceedings. 

[5] Decisions on questions of international law by coiirts of inde- 
pendent countries' in cases involving rights of citizens in their relations 
to people of other countries. Naturally, it would be expected that in- 
stances of this nature will be rare, because courts are not prone to assume 
jurisdiction in important matters involving friendly States. 

[6] Another source is represented in the opinions of important law 
officers of any Government, on points which are submitted to them for 
decision. Such opinions carry weight in proportion to the eminence of 
the men giving them expression, and quite naturally would be considered 
as opinions favorable to the Government in whose employ they may be. 

[7] Manuals of instructions issued by Governments to their various 
officers abroad. 

The greatest assurance that weak countries have that 
international law with respect to themselves will be recognized 
by strong powers is the force of public opinion. As stated 
before, there is no supreme authority which can compel ob- 
servance of this law, yet public opinion and combinations of 
other nations against an offender usually are so potent that 
obligations are seldom disregarded. 

Interpretation Act. An act of any Legislative body defining 
the meaning of words or phrases employed in a statute pre- 
viously enacted is called an interpretation act. It is also 
frequently the case that an interpretation clause may be 
included within an act. 

Interstate Commerce Act. The power to regulate com- 
merce between the States of the Union rests entirely in the 
hands of Congress. This authority is delegated to it in Article 
I, Section 8, Clause 3, of the Constitution, in which is the 
specific statement that it shall "regulate commerce with 
foreign nations and among the several States and with the 



Interstate Commerce Act 366 Interstate Commerce Act 

Indian tribes." Commerce within the boundaries of a State 
cannot be molested by United States authority as long as such 
traffic is legal; however, whenever such commerce passes the 
boundary of one State and enters another, then the citizens 
of two States become interested. It has been decided that 
controversies between citizens of two different States shall be 
presented to Federal courts for adjustment. It naturally 
follows that it is within the province of the Federal Government 
to regulate intercourse of a public nature when more than one 
State is a party to it. 

The first important general act for the regulation of inter- 
state commerce was passed in 1887, through the efforts of 
Senator Cullom, of Illinois. The original act has been amended 
on various occasions, and as it now stands it provides for an 
Interstate Commerce Commission of five members, whose duty 
it is to supervise railroads passing through and carrying com- 
merce between different States. In 1906 the powers of the 
Commission were considerably enlarged, their scope extending 
also to express companies, sleeping-car companies and pipe- 
lines for transporting oil. Another member was added to the 
Commission because of the largely increased duties in conse- 
quence of greater powers. Each commissioner holds office for 
seven years and is given a salary of $10,000 per year. The 
members of the Commission are appointed by the President 
and the appointments are confirmed by the Senate. The 
Commission is organized after the manner of an ordinary court 
of law, and sits permanently in the capital city of the United 
States. Various members, however, travel to different parts 
of the country and hold sessions in cities wherever hearings 
may be necessary. 

Legislative power is vested in the Commission in that 
it may compel railroads to adopt reasonable maximum rates 
for shipment of merchandise between different points; it may 
also compel a reasonable classification of freight, and by its 
order all railroads must adopt and publish a schedule of rates 
for each class of merchandise. Copies of these schedules 
must be filed with the Commission and must be posted con- 



Interstate Commerce Commission 367 Intrinsic Value 



spicuously for the information of the pubhc. Rates can neither 
be raised nor lowered after pubHcation except after notice of 
intention to change has been given the Commission. 

One of the most important features of interstate commerce 
affecting all classes of people was embodied in an amendment 
of 1906, which prohibited railroads from giving passes to any 
persons -except employes traveling in the discharge of their 
duties. This affects the general public in that railroads have 
been able to reduce their rates for passenger traffic from three 
cents per mile to two cents per mile in many States of the 
Union and yet make a fair profit, owing in large measure to the 
abolition of the great number of passes heretofore issued 
annually. Over a dozen States of the Union have passed laws 
reducing passenger rates from three cents per mile to two cents. 
This would not have been imposed ui3on the roads, in any 
instance, probably, had the system of free passes not been 
abolished. 

Interstate Commerce Commission. See Interstate Com- 
merce Act. 

Intestate. A person who dies without having made a 
valid will is said to have died intestate. See Will. 

Intrinsic Value is the real or true value of any commodity, 
apart from its form or its relation to any other thing. As 
applied to the money of a country, any system of currency, to 
be stable, must be based upon a metal whose value, fixed only 
by the law of supply and demand, varies but little from decade 
to decade, and which is worth practically as much in bars or 
molds or in any other form as the value stamped upon it by 
Government authority when it is converted into money. Such 
intrinsic value is found in but one precious metal — gold. A 
gold coin is worth practically the same as an equal amount of 
gold in any other form; the stamp of the Government is not 
designed to increase its value, but rather to identify it as legal 
tender and reduce it to convenient form for handling. Any 
person having a quantity of gold may take it to a Government 
mint and have it coined into money, at no cost to him except 
a small charge, called seigniorage, to pay for the labor involved 



Iowa 



368 



Iowa 




STATE SEAL OF IOWA. 



and for the alloy used. The same privilege was formerly 
extended to holders of silver bullion. 

Iowa. France had a valid claim to what is now Iowa, 
as a result of trading and mining settlements by Frenchmen 
from 1788 to the end of the century, near what is now the city 
of Dubuque. The region came into 
possession of the United States as a 
part of the Louisiana Purchase in 
1803. For a number of years there- 
after Iowa was successively a part 
of Missouri, Michigan and Wisconsin, 
but was erected into a Territory of 
the United States, June 12, 1838. Its 
capital was then at Burlington, and 
in area it comprised not only its pres- 
ent extent but also a part of Minnesota and all of North and 
South Dakota. In 1839 the capital was removed to Iowa 
City and in 1857 to Des Moines. 

Government. Iowa has had two Constitutions, the second 
dating from 1857. This document can be amended only once 
in ten years by a majority vote of two successive Legislatures, 
followed by approval by the voters of the State. The law- 
making authority is vested in a Senate of fifty members and a 
House of Representatives of one hundred members, and 
is called the General Assembly. Each member receives a 
compensation of $550 and mileage for each full session. A bill 
may be passed over the Governor's veto by two-thirds' vote 
of each House. The Legislative Department includes the 
Governor, Lieutenant-Governor, Secretary of State, Auditor, 
Treasurer, Attorney-General and Superintendent of Public 
Instruction, all chosen for terms of two years. The Judicial 
Department is composed of a Supreme Court of six members, 
elected for terms of six years. There are twenty District Courts, 
each with from one to four judges, elected for four-year terms, 
who must hold four sessions of court annually in each county. 
Superior Courts may be established in any city having at least 
five thousand population. 



Iron=CIad Oath 369 Iron=Clad Oath 

Iron=Clad Oath. In July, 1862, Congress passed an act 
aimed at Confederate sympathizers, providing that a person 
who assumed office under the Government should take an oath 
which bound him not only to defend the Constitution of the 
United States against all enemies, foreign or domestic, but also 
forced him to swear that he had never given aid or encourage- 
ment to its enemies or accepted office under any Government 
hostile to the Federal Union. The provisions of this oath were 
so stringent that it was given the popular name of "iron-clad 
oath of office " See Oath. 



J 



Jeffersonian Democrat. Thomas Jefferson is declared to 

have been a model statesman. Because of his simplicity, the 
title of "Jeffersonian Democrat" is applied, as a compliment to 
him, to any public man of the Democratic party who shows 
simplicity, directness and sympathy with the people, and 
whose views on public matters harmonize with the opinions 
of the great mass of his party. See Jeffersonian Simplicity. 

Jeffersonian Simplicity. Perhaps no other statesman in 
all our national history disliked display so much as Thomas 
Jefferson. When he visited Congress on the day of its first 
meeting after he became President, he rode to the Capitol on 
horseback, hitched his horse to a tree in front of the building, 
and addressed the two Houses in joint session, clad in an old 
suit of clothes, with trousers tucked into his boot-tops. He 
refused to wear knee-breeches at public functions, as was the 
custom of the time. However, so strong was this simple man 
that he left his impress upon the people for all time, and the 
Democratic party of today gains much of its inspiration from 
the principles that Jefferson advanced. 

Jingo. The word originated in Great Britain, and was 
applied to a person who favored a spirited and demonstrative 
foreign policy in all Government matters. The name was 
originally applied during the Russo-Turkish War of 1877-1878. 
At that time a song coining the term became very popular, 
and is yet quoted, not only in Great Britain, but in the United 
States, whenever occasion makes it applicable: 
We don't want to fight, 
But by Jingo if we do, 
We've got the ships, we've got the men, 
We've got the money too. 

Jingoism. The Jingo policy or spirit prevalent in an 
administration or Government. 

Joint Resolution. See Resolution. 

Judge. .In our legal system, the presiding officer of a court 
above the local Justice Court is called a Judge, with the one 

370 



Judge Lynch 371 Judge Lynch 

exception that the members of the bench of the Supreme 
Court of the United States are termed Justices. Under the 
court practices of today in the majority of cases at bar, the 
Judge determines only questions of law, all decisions as to 
Tiiatters of fact being delegated to a comparatively modern 
institution, a jury [q. v.]. Under Roman and Grecian practice 
the Judge ruled upon both the law and the facts. 

In State courts the Judge is a member of the bar and is 
chosen for his position by all of the electors of his district; said 
district may be a single city, a county, or a group of counties 
joined by the Legislature into a circuit (see Circuit Court, 
State). Members of each State Supreme Court are chosen 
by the electors of the State. Only in the Federal courts does 
the Judge secure his position by appointment. Members of 
the Supreme Court of the United States, and United States 
Circuit and . District Judges are appointed by the President, 
subject to confirmation by the Senate. The term of office of 
a Federal Justice or Judge is for life or during good behavior, and 
he is removable by impeachment only. Members of a State 
Supreme Court are elected in almost every instance for twice 
as many years as there are Judges on the Supreme bench, so 
the term of one Judge will expire every two years; if there are 
five members the term will be ten years, and the member 
whose term next expires is Chief Justice during his last two 
years. Circuit Judges are chosen in most States for six-year 
terms. In all courts of a State, Judges are eligible to re-elec- 
tion. See Supreme Court. 

Judge Lynch. In the early days of our National history 
it was difficult properly to administer law in sparsely settled 
.communities. Desperate men therefore took advantage of 
this condition to violate the statutes, because of a feeling of 
security. Law-abiding citizens organized committees to deal 
summarily with criminals whom the laws were not strong or 
swift enough to reach through constituted authority, and many 
outlaws were hanged after brief hearings before these self- 
constituted judges. From the nature of the punishment and 
the character of the hearing the term ''Judge Lynch" is de- 



Judge, of Probate 372 Judicial Department 

rived. Today lynchings are rare, and never occur except 
when an unusually atrocious crime inflames the public. 

Judge of Probate. The title of the officer sitting as judge 
in a Probate Court is Probate Judge, or Judge of Prcbate. See 
Probate Court. 

Judgment. In law, a judgment is the sentence or oral 
order of a court in either a civil or a criminal proceeding. The 
judgment, though it is pronounced or awarded by the Judge 
on the bench, is not his determination or sentence, but the 
determination and sentence of the law to which the court gives 
voice. Against the judgment of any inferior court, an appeal 
may be taken to the next higher court in the State judicial 
system. In said higher court, all the evidence produced in the 
lower court is reviewed and judgment is either confirmed or the 
case is remanded back for a new trial, if errors are found to 
have been admitted in the original hearing. 

Judicial Department. The Constitution of the United 
States, in Article III, provides for the estabhshment of United 
States courts and other courts inferior thereto. The system 
adopted by the First Congress remains almost unaltered in 
form to the present day. At the head of the Judicial system 
of the United States stands the United States Supreme Court. 
It was at first composed of one Chief Justice and five Associate 
Justices. In 1807 the number of associates was increased to 
six, in 1837 to eight, in 1863 to nine, and in 1869 reduced to 
eight. From that time to this the Supreme Court has con- 
sisted of one Chief Justice and eight Associate Justices. All 
the Justices are appointed by the President of the United 
States, and are confirmed by the Senate, retaining office for 
life, or during good behavior. 

Subordinate to the Supreme Court are United States 
Circuit Courts, nine in number, this number corresponding to 
the numerical strength of the Supreme Court. Over each 
United States Circuit Court a United States Circuit Judge 
presides. Once or twice each year, as may be necessary to 
properly dispose of the business of the courts, a Justice of the 
United States Supreme Court travels into the Circuit assigned 



Judicial System 373 Judicial System 

him, and sitting with one or more Circuit Judges or District 
Judges, he holds sessions of the United States Circuit Court of 
Appeals. 

The Circuit Courts are distributed over the country, a 
number of States being joined together, in proportion to popu- 
lation, into one Circuit. For instance, the States of Michigan, 
Ohio, Kentucky and Tennessee form one Judicial Circuit. The 
cases which come before the United States Circuit Court are 
those which affect the Federal Government only. 

Subordinate to the United States Circuit Courts are sixty- 
one United States District Courts. There are one or two in 
most States, three in some of the most populous States, but no 
State has fewer than one. These courts have no connection- 
whatever with the judicial machinery of a State. 

There is also a United States Court of Claims in each 
circuit, which has jurisdiction in cases involving claims against 
the United States Government. See Supreme Court; Judi- 
cial System. 

Judiciary of a State. State systems vary so widely that 
a description of them is impossible in this work. There is 
always, however, one Supreme Court at the head of the State 
judicial system, patterned after the Federal Supreme Court. 
Inferior to the Supreme Court may next be Circuit Courts or 
County Courts, although in some States there are Appellate 
and Superior Courts between the Supreme and County Courts. 

Judicial System, United States. The Constitution pro- 
vided for the establishment of the Supreme Court at the head 
of the Federal Judicial system, and gave to Congress the power 
of extension by the creation of such inferior courts as might be 
necessary from time to time. To care for much of the business 
which would naturally come before the Supreme Court the 
country has been divided into nine circuits — one for each 
Justice of that Court. At least one Circuit Court is located 
in each State, and certain cases which formerly went to the 
Supreme Court now are heard by these Federal Circuit Courts; 
sessions in each are held twice yearly, and formerly were pre- 
sided over by the Supreme Court Justice appointed for the 



Judicial System 



374 



Judicial System 



Circuit; today there is a United States Circuit Judge for each 
Circuit Court. One, two, or more States may be included 
within one Circuit; frequently there are as many as five. 
Tributary to the Circuit Courts are United States District 
Courts, of which there may be several in each Circuit; the pre- 
siding officer is the United States District Judge. In each 
Circuit there is one United States Court of Appeals, holding 
semi-annual sessions. Upon the bench of this court sit three 
Judges, selected from the Supreme Court Justices and the 
Judges of the Circuit and District Courts. Cases which have 
been appealed from the District and Circuit Courts are here 
heard, and from the Court of Appeals certain cases may go on 
another appeal to the Supreme Court; in all others judgment 
here rendered is final. 

The judicial system of the United States does not conflict 
with the powers - delegated to State judicial tribunals. John 
Jay, the first Chief Justice, outlined the extent of the powers 
of the Federal judiciary so precisely that in all our court 
practice there has been no departure from his interpretation 
of the Constitution. For his statement, see Supreme Court. 

The following table presents an outline of the Judicial 
system of the United States: 





UNITED 


STATES COURTS 


Title 


Organization 


Jurisdiction^ 


Supreme 
Court 


A Cliief Justice, 

$13,000; eight 

associates, $12,500. 


This court has original jurisdiction in all 
cases relating to ambassadors and other 
public ministers and consuls, and in those to 
wliich a state is a party. It has appellate 
jurisdiction in all cases originating in the 
inferior courts, save such as Congress liy 
law shall except. Appeals may be made 
to it, and writs of error lie to it, from the 
district and circuit courts, from the courts 
of appeals, and from the supreme courts 
of the District of Columbia and the terri- 
tories. 


Circuit 

Courts of 

Appeals 


Nine, eacli with a 
,'ustice of the Su- 
preme Court and two 
circuit judges. 


Appeals from circuit, district, and terri- 
torial courts. 


Circuit 
Courts. 


Nine circuits, each 

with two or three 

circuit judges, 

twenty-five in all, 

$7,000. 


Its jurisdiction embraces an extensive con- 
trol of criminal cases, which is for the most 
part concurrent with that of the district 
courts. The circuit courts have jurisdic- 
tion over all civil suits involving the con- 
struction of Federal law where the amount 
involved is at least $2,000. Where the 
United States is the plaintiff the money 



Junket 



375 



Jurisdiction 





UNITED STATES COURTS 


Title 


Organization 


Jurisdiction^ 






limit does not apply. The same jurisdic. 
tion is given also to the circuit courts 
whether or not a Federal law is involved, 
providing the suit is between States, or 
between citizens of the United States and 
foreign States or citizens thereof. 


District 

Courts. 


Seventy-six districts, 
each with a district 
judge, $6,000. 


Largely over cases connected with the 
revenue laws, admiralty matters, suits 
against consuls, cases arising under the 
postal laws, and criminal prosecutions for 
violations of Federal laws. 


Court of 
Claims. 


Achief justice, $6,500, 

and four associates, 

$6,000. 


Over money claims of individuals against the 
Government. 


Court of Pri- 
vate Land 
Claims. 


A chief justice, $5,000, 

and four associates, 

$5,000. 


Decides conflicting claims of title to certain 
pubhc lands. 


Court of Ap- 
peals, Dis- 
trict Colum- 
bia. 


Achief justice, $6,500, 

and two associates, 

$6,000. 


Hears appeals from the Supreme Court of the 
District of Columbia. 


Supreme 

Ct., District 

Columbia. 


A chief justice, $5,000, 

and four associates, 

$5,000. 


Resembles in jurisdiction other United States 
district courts. 


Territorial 
Courts. 


Judges appointed 
for four years. 


Resembles United States district courts. 


Admiralty 


Courts, Commis 


sioners' Courts, and Courts-martial. 



1 The Supreme Court has both original and appellate jurisdiction; the Cir- 
cuit Courts of Appeals, and the Court of Appeals for the District of Columbia, 
have only appellate jurisdiction; the other courts only original jurisdiction. 

Junket, any trip or expedition undertaken by legislators, 
for the purpose of investigating public matters, that they may 
more clearly act upon them. Too frequently these excursions 
partake too much of the nature of pleasure trips, and they are 
always expensive, the total expenditure being charged up to 
the Government, State or National, as the case may be. 

Jurat. A person sworn to the faithful performance of a 
duty, such as an alderman or any magistrate, is called a jurat. 
The word comes down to us from the Middle Ages. It also 
means the clause in an official certificate which attests the fact 
that the deposition or affidavit was duly sworn to at a stated 
time before competent authority. 

Jurisdiction. (1) The legal right to exercise authority, 
whether Legislative, Executive or Judicial. (2) The territory 
over which such authority may be exercised. The Governor 
has jurisdiction within the bounds of his State, the Sheriff 



Jurisdiction 376 Jury 

within the confines of his county, the Justice of the Peace 
within his township, the Federal Judge within his appointed 
district. Each is hmited in authority to his particular desig- 
nated territory; all other sections are beyond his authority. 
See Original Jurisdiction; Appellate Jurisdiction. 

Jurisdiction, Summary. See Summary Jurisdiction. 

Jurisprudence. The philosophy of law and its administra- 
tion is included under the general title jurisprudence. It is 
the science by which all laws and Constitutions of States and 
nations, whether written or unwritten, are reduced to system 
and their principles are analyzed, methodized and judicially 
applied. 

Comparative jurisprudence is the analytic comparison of 
systems of law prevailing in different countries and nations. 

Medical jurisprudence is the branch of jurisprudence 
pertaining to questions concerning wounds, poisons, insanity, 
etc., requiring technical knowledge of the medical sciences for 
their elucidation and determination. 

Jurist, a person versed in the science of law; a qualified 
and judicial expounder of the principles of jurisprudence. In 
the best sense, the name is applied to a person recognized as an 
authoritative writer on legal questions. See Jurisprudence. 

Jury, a body of men possessing certain prescribed legal 
qualifications, who are summoned to attend the sessions of a 
court of record, and there sworn to try well and truly the issues 
between contending parties and give a verdict in strict accord- 
ance with the evidence presented. The jurors summoned to 
try a case constitute a branch of the court. A justice court 
jury is composed of six members, called to service by a police 
officer or constable; a circuit court or county court jury, twelve 
members, chosen according to forms prescribed by State 
statute; a grand jury, twenty-three members, selected in a 
statutory manner. A coroner's jury is composed of six mem- 
bers, selected by the coroner. 

The institution of the jury in a system of jurisprudence 
raises the people, or at least a class of citizens, to the dignity 
of judges. See Trial by Jury. 



Jury 377 Justice 

Jury, Coroner's. See Coroner's Jury. 

Jury, Grand. See Grand Jury. 

Justice, Department of. One of the last divisions to 
be added to the Executive Department of the United States 
Government was the Department of Justice, which is the law 
department. This is the branch to which are referred all legal 
.problems pertaining to the Government. The Department 
of Justice was created by an act of Congress in 1870, but the 
Attorney-General has been the chief law officer of the Govern- 
ment since Washington's first administration. When the 
Department of Justice was organized, naturally the Attorney- 
General was placed at its head. The reader must not confuse 
the Department of Justice with the Judicial Department of 
the United States; the latter refers to the system of courts 
having jurisdiction over all cases in which the United States 
is a party. See Judicial System. 

The following are the principal officers in the Department 
of Justice, together with their salaries, revised to 1908: 

Attorney-General $12,000 

Solicitor-General ■ 7,500 

Assistant to Attorney-General 7,000 

Five Assistant Attorneys-General, each 5,000 

Assistant Attorney-General of the Postoffice Depart- 
ment 4,500 

Solicitor of Internal Revenue Bureau 4,500 

Solicitor for the Department of State 4,500 

Solicitor of the Treasury Department 4,500 

Solicitor of the Department of Commerce and Labor . 4,500 

The names of all the men who have held the office of 
Attorney General, and who since 1870 have been at the head 
of the Department of Justice, are as follows: 

Edmund Randolph, Virginia, Appointed Sept. 26, 1789. 



William Bradford, Pennsylvania, 

Charles Lee, Virginia, 

Theophilus Parsons, Massachusetts, 

Levi Lincoln, Massachusetts, 

Robert Smith, Maryland, 

John Breckenridge, Kentucky, 

Caesar A. Rodney, Delaware, 



Jan. 28, 1794. 
Dec. 10, 1795. 
Feb. 20, 1801. 
March 5, 1801. 
March 2, 1805. 
Aug. 7, 1805. 
Jan. 20, 1807. 



Justice Court 



378 



Justice Court 



William Pinkney, 
Richard Rush, 
William Wirt, 
J. McPherson Berrien, 
Roger B. Taney, 
Benjamin F. Butler, 
Felix Grundy, 
Henry D. Gilpin, 
John J. Crittenden, 
Hugh S. Legare, 
John Nelson, 
John Y. Mason, 
Nathan Clifford, 
Isaac Toucey, 
Reverdy Johnson, 
John J. Crittenden, 
Caleb Gushing, 
Jeremiah S. Black, 
Edwin M. Stanton, 
Edward Bates, 
Titian J. Coffey, ad int., 
James Speed, 
Henry Stanbery, 
William M. Evarts, 
E. R. Hoar, 
Amos T. Ackerman, 
George H. Williams, 
Edwards Pierre pont, 
Alphonso Taft, 
Charles Devens, 
Wayne McVeagh, 
Benjamin H. Brewster, 
Augustus H. Garland, 
William H. H. Miller, 
Richard Olney, 
Judson Harmon, 
Joseph McKenna, 
John W. Griggs, 
Philander C. Knox, 
WiUiam H. Moody, 
Charles J. Bonaparte, 



Maryland, 

Pennsylvania, 

Virginia, 

Georgia, 

Maryland, 

New York, 

Tennessee, 

Pennsylvania, 

Kentucky, 

South Carolina, 

Maryland, 

Virginia, 

Maine, 

Connecticut, 

Maryland , 

Kentucky, 

Massachusetts, 

Pennsylvania, 

Pennsylvania, 

Missouri, 

Pennsylvania, 

Kentucky, 

Ohio, 

New York, 

Massachusetts, 

Georgia, 

Oregon, 

New York, 

Ohio, 

Massachusetts, 

Pennsylvania, 

Pennsylvania, 

Arkansas, 

Indiana, 

Massachusetts, 

Ohio, 

California, 

New Jersey, 

Pennsylvania, 

Massachusetts, 

Maryland , 



Appointed Dec. 11, 1811. 
" Feb. 10, 1814. 

" Nov. 13, 1817. 

" March 9, 1829. 

July 20, 1831. 

Nov. 15,. 1833. 
" . Sept. 1, 1838. 

Jan. 10, 1840. 

March 5, 1841. 

Sept. 13, 1841. 

July 1, 1843. 

March 5, 1845. 

Oct. 17, 1846. 

June 21, 1848. 
" March 7, 1849. 

July 20, 1850. 
" March 7, 1853. 

March 6, 1857. 

Dec. 20, 1860. 

March 5, 1861. 

June 22, 1863. 

Dec. 2, 1864. 

July 23, 1866. 

July 15, 1868. 

March 5, 1869. 
" June 23, 1870. 

Dec. 14, 1871. 
" April 26, 1875. 

May 22, 1876. 
" March 12, 1877. 

March 5, 1881. 

Dec. 19, 1881. 

March 6, 1885. 
" March 5, 1889. 

March 6, 1893. 

June 8, 1895. 

March 5, 1897. 

Jan. 22, 1898. 

April 5, 1901. 

July 1, 1904. 
" Dec. 3, 1906. 



Justice Court. In most States the least important but 
most numerous branch of the Judicial system is the Justice 



Justice of the Peace 379 Justice of the Peace 

Court, presided over by a Justice of the Peace. The cases over 
which a Justice Court has competent jurisdiction are civil cases 
of little importance, involving small amounts, which range 
from even less than ten dollars to a maximum of two 
hundred dollars. In States where this best serves the people 
there is a provision for three or four Justices of the Peace in 
each organized township. A court is easily reached under 
such circumstances and local petty cases may be quickly 
adjusted without resort to higher tribunals. The Justice 
Courts dispose of many issues between contending parties which 
would otherwise fill the calendars of County Courts, at great 
expense to the community at large. The Justice of the Peace 
may preside at preliminary hearings in criminal cases, in most 
States, but his jurisdiction extends only to binding over the 
accused to the next session of the County Court for trial. This 
he does whenever in his opinion the evidence warrants such 
action; in the event that the case against the accused is weak 
it is within the power of the Justice to dismiss the charge. 

A Justice of the Peace is paid by a system of fees, assessed 
against litigants appearing before him. In criminal hearings 
the State or county remunerates him. His term of office is 
usually four years; in townships where there are four Justices 
one would therefore be chosen each year. 

Justice of the Peace. See Justice Court. 



K 



Kanawha, State of. When the western portion of 
Virginia seceded from the parent State after refusing to ratify 
the State ordinance of secession, it was proposed to call the 
new commonwealth thus formed the State of Kanawha. How- 
ever, the name of Virginia was so rich in historical association 
that it was concluded to retain it; hence the new name West 
Virginia was finally adopted. 

Kansas. The entire region included within the State of 
Kansas was a part of the Louisiana Purchase of 1803, with 
exception of the southwest corner, which was a part of Mexico 
until Texas won its independence, 
after which it was a part of Texas until 
1850, when it was acquired by the 
Government. From that time until 
1854 it was a part of Missouri; in that 
year it became a separate Territory 
under the provisions of the Kansas- 
Nebraska Bill [q. V.]. There were 
serious differences between anti-slavery 
and pro-slavery factions, leading to con- 
siderable bloodshed. The Free-State people secured the 
ascendency and drew up a Constitution in 1859 which prohibited 
slavery, and it was adopted by a large majority. On January 
29, 1861, Kansas was admitted as the thirty-fourth State of 
the Union. 

Government. The State has had but one Constitution. It 
may be amended by a majority vote of each branch of the 
Legislature and like vote of the electorate of the State. The 
Executive Department consists of a Governor, Lieutenant- 
Governor, Secretary of State, Treasurer, Attorney-General, 
Auditor and Superintendent of Public Instruction, each chosen 
for two years. The Legislature consists of a Senate of no more 
than forty members, chosen for four years, and a House of 
Representatives, limited to one hundred twenty-five members, 




STATE SEAL OF KANSAS. 



380 



Kansas-Nebraska Bill 381 Kansas=Nebraska Bill 

chosen for two years. Members of the Legislature receive 
$3.00 per day while in attendance upon sessions, and mileage. 
Sessions are held every two years. The Judicial Department 
is composed of a Supreme Court of seven members, elected for 
six years each; District Courts, each with one Judge chosen 
for four years, who must hold at least four sessions of Court 
per year in each county of his District or Circuit. There is in 
each county one Probate Judge, chosen for two years, and in 
each township two Justices of the Peace, chosen for two years. 
Kansas=Nebraska Bill. The Compromise of 1850 (see 
Omnibus Bill) did not stop the agitation of the slavery question, 
although in the Congress of 1852 a resolution was adopted, de- 
claring: "That the series of acts passed during the first session 
of the Thirty-first Congress, known as Compromises, are re- 
garded as a final adjustment and a permanent settlement of the 
questions embraced therein, and should be maintained and 
executed as such." In January, 1854, Senator Stephen A. 
Douglas of Illinois presented a bill in the Senate for the erection 
of two vast Territories in certain described sections, to be called 
Kansas and Nebraska, and providing each with a Territorial 
form of government. This was in direct opposition to the 
spirit of the resolution above quoted, but after long and acri- 
monious discussions in the Senate and the House of Representa- 
tives the bill was passed, and it became a law in May of the 
same year. The following are some of the principal provisions 
of this act, which has always been known as the Kansas- 
Nebraska Bill: 

[1] The Executive power shall be vested in a Governor appointed by 
the President and confirmed by the Senate. 

[2] A Secretary of each Territory shall be appointed in like manner 
and hold his office for five years. 

[3] The Legislative power shall be vested in the Governor and a 
legislative assembly consisting of a Council and a House of Representatives, 
the Council consisting of thirteen members and the House of Representa- 
tives of twenty-six. 

[4] The first election of members of the legislative assembly should 
be held at such time and place and should be conducted in such manner 
as the Governor should prescribe. That officer was also empowered to 



Kansas^Nebraska Bill 382 Kansas=Nebraska Bill 

appoint inspectors of election and to direct the manner in which election 
returns should be made. 

[5] All free white men inhabitants, twenty-one years of age and 
upwards, actual residents of the Territory and citizens of the United States, 
or having declared their intention of becoming citizens, were entitled to 
vote at the first election. The qualifications of voters at subsequent 
elections should be prescribed by the legislative assembly. 

[6] Bills passed by the legislative assembly were to be submitted 
to the Governor for approval, but they might be passed again over a veto 
by two-thirds majorities. 

[7] The Judicial power was to be vested in a Supreme Court, District 
Courts, Probate Courts and in Justices of the Peace. 

[8] The first election of Delegates to Congress, and the time and 
places of such election were subject to the appointment and direction of 
the Governor. 

[9] The bill also provided that all acts of Congress for the reclamation 
of fugitive slaves should extend to these Territories. 

, The section of the Kansas-Nebraska Bill which aroused 
the strongest opposition was the following: 

"That the Constitution and all the laws of the United States which 
are not locally inapplicable shall have the same force and effect within 
the said Territory as elsewhere within the United States, except the eighth 
section of the act preparatory to the admission of Missouri into the Union, 
approved March 6, 1820, which being inconsistent with the principle of 
non-intervention by Congress with slavery in the States and Territories 
as recognized by the legislation of 1850, commonly called the Compromise 
Measures, is hereby declared inoperative and void; it being the true 
intent and meaning of this act not to legislate slavery into any Territory 
or State, nor to exclude it therefrom, but to leave the people thereof 
perfectly free to form and regulate their domestic institutions in their 
own way, subject only to the Constitution of the United States; provided 
that nothing herein contained shall be construed to revive or put in force 
any law or regulation which may have existed prior to the act of the 6th 
of March, 1820, either protecting, establishing, prohibiting or abolishing 
slavery." 

From the day the bill was signed, the question of slavery- 
was more than ever before a subject of discussion and sectional 
irritation, and in the territory affected by it, civil war ensued. 
The Kansas-Nebraska Bill left all the Territories of the United 
States open to the establishment in them of the social institu- 
tions of every State in the Union, including of course slavery. 
It was a virtual repeal of the Missouri Compromise [q. v.]. 



Kentucky 



383 



Kentucky 




STATE SEAL OF KENTUCKY. 



Kentucky. The present State of Kentucky until 1776 was 
a part of one of the counties of Virginia. In that year it was 
formed into a separate county under Virginia's jurisdiction. 
The first settlement was made in 1774. 
In 1775 a scheme of colonization was 
inaugurated which resulted in the 
Indians giving up to white settlement 
many thousand square miles of land. 
In this section a colony was formed 
which assumed the distinction of a 
separate Territory and it sent a dele- 
gate to Congress. However, this 
delegate was not recognized, owing 
to Virginia's claim to the territory. The latter finally agreed 
to confirm the land sale, and in 1780 Kentucky was divided 
into three counties. Soon after, a movement was started to 
separate Kentucky from Virginia, but it was not successful until 
1789, at which date the Territory of Kentucky was organized. 
In June, 1792, Kentucky was admitted as the fifteenth State of 
the Union. 

Government. The Constitution may be amended by 
three-fifths of the members of each House of the Legislature, 
but the action must be ratified by a majority of the voters of 
the State. The Executive power is vested in a Governor, 
Lieutenant-Governor, Secretary of State, Treasurer, Auditor, 
Attorney-General, Superintendent of Public Instruction and 
Commissioner of Agriculture, all chosen for four years. The 
Legislature consists of a House of Representatives, limited 
to one hundred members chosen for two years, and a Senate of 
thirty-eight members, chosen for four years; one-half of the 
Senators retire from office every two years. The members of 
each House receive $5.00 per day while attending sessions, 
and mileage. The Judicial Department is headed by a Court 
of Appeals, which is practically a Supreme Court, consisting of 
seven members. In addition to this court there are Circuit 
Courts, County Courts and Justices of the Peace throughout 
the State. 



Kentucky Resolutions 384 Kicker 

Kentucky Resolutions. These were two series of resolu- 
tions passed in 1798 and 1799 by the Legislature of the State 
of Kentucky, directed against the Alien and Sedition Laws 
[q. V.]. They were the first definite and official expression of 
views known and advocated for three-quarters of a century 
afterwards as "States' Rights" — the supreme right of a State 
in many matters to be independent of the Federal Government, 
even to the extent of withdrawal from the Union, if desirable. 

The Kentucky Resolutions protested specifically against 
various features of the Alien and Sedition Laws, and declared 
each to be void. The resolution of 1798 said — 

That whensoever the general Government assumes undelegated 
powers, its acts are unauthoritative, void and of no force; that to this 
compact (the Constitution of the United States) each State acceded as a 
State, and is an integral party, its co-States forming, as to itself, the other 
party; that the Government created by this compact was not made the 
exclusive or final judge of the extent of the powers delegated to itself; 
since that would have made its discretion, and not the Constitution, the 
measure of its powers; but that, as in all cases of compact among parties 
having no common judge, each party has an equal right to judge for 
itself, as well as of infractions as of the mode and measure of address. 

These Resolutions were forwarded to the Legislatures of 
all the States; seven of these — Massachusetts, New Hampshire, 
Vermont, Connecticut, Rhode Island, New York, Delaware — 
acknowledged receipt of them, and each of the seven severely 
condemned the sentiment expressed. However, the Ken- 
tuckians possessed the courage to reaffirm their convictions, 
and in 1799 declared their fealty to the Union and to the Con- 
stitution "agreeably to its obvious and real intention." It 
was further declared that a nullification by the sovereign States 
"of all unauthorized acts done under color of that instrument 
(the Constitution) is the rightful remedy." 

The State of Virginia, later to be perhaps the leading 
exponent of the doctrine of States' rights, passed similar resolu- 
tions at the same time, but they were less radical in tone. 

Kicker. In the phraseology of slang, to "kick" means to 
show opposition, and in politics a "kicker" is a member of a 
party who refuses to accept with grace all party nominations 



Kid=QIove Politics 385 Knifing 

or decisions of party caucuses, which, it must be admitted, are 
sometimes controlled by questionable political influences. When 
a kicker carries his opposition to the point of withdrawing, even 
temporarily, from his party, he becomes a bolter [q. v.]. See 
Boss. 

Kid=Glove Politics. When men of high morals and clean 
political methods enter politics to wrest control of their political 
party from the hands of bosses and unscrupulous partisans, 
their movements and acts are designated by the men whom 
they antagonize as "kid-glove politics." Such movements on 
the part of good citizens are always obnoxious to "machine 
politicians." 

King Caucus. In each House of Congress both Republi- 
cans and Democrats hold party caucuses on all important 
matters affecting legislation, and it has become the unwritten 
law of all caucuses that the action of the majority as shown 
by caucus vote is binding absolutely upon all members of the 
party. For example, if in a caucus on a certain important 
measure the majority vote to sustain a proposition when it 
comes before the House or Senate, then every member of the 
party, whether present at the caucus or not, is bound by this 
expression to vote affirmatively on the proposition. Because 
of this iron-clad rule, which gives the caucus immense power, 
it has been aptly termed "King Caucus." See Caucus. 

Kitchen Cabinet. This is a name applied to a coterie of 
personal friends of a President of the United States, who hold 
no office, but whose advice is supposed to be sought secretly 
by the Executive upon important matters of State. It was 
first applied during the administration of President Andrev/ 
Jackson, at which time it was charged that he valued the opin- 
ions of his old-time friends above the advice of the members 
of his Cabinet. Another term which applies to such private 
advisers is "the power behind the throne." 

Knifing, a form of political treachery by which a person 
makes himself ostensibly a supporter of his party nominee for 
office, but who secretly votes against that candidate and pri- 
vately urges his friends to adopt a like course. To preserve 



Know=Nothing Party 386 Ku=Klux=Klan. 

his reputation as a "regular" party man, it must not appear 
that his efforts in a campaign are against the interests of any 
part of the regular ticket; his antagonism is in secret, but 
usually such tactics as the "knifer" employs betray his real 
attitude. The independent voter who has courage openly to 
oppose candidates for whom he cannot vote is the antithesis of 
the man who will not be honest with his party associates. 

Know=Nothing Party, a political organization more or less 
secret in its development, but wielding considerable influence 
from about 1848 to 1856. Its platform declared for a vigorous 
American policy, which included the repeal of all naturalization 
laws, a proposal that none but native-born citizens should hold 
office, and a declaration of antagonism to the Church of Rome. 
In 1854 the party was victorious in the elections in Massachu- 
setts and Delaware, it polled more than 125,000 votes in New 
York, and won recognition in many parts of the South. In 
1856 it was merged with the American party. 

The origin of the name of this party was due to its semi- 
secret character. If a member were asked by a stranger some 
fact relating to the organization his answer was "I don't know." 
So frequently was this reply heard that its opponents, in ridi- 
cule, dubbed its adherents "Know-Nothings." See American 
Party; Political Parties in the United States. 

Ku=Klux=Klan. An organization bearing this singular 
name exerted wide influence throughout the Southern States 
immediately after the Civil War. Its purpose was to prevent 
the newly-emancipated negroes from exercising their rights as 
citizens, and thus assuming, where the blacks were strong 
numerically, the powers of the white man. The colored people 
are by nature intensely superstitious, and the " Klan" terrorized 
them by working upon their superstitious fears; added to this, 
there were whippings and tortures at dead of night, resulting 
in countless cases of great bodily injury. The same methods 
were employed, whenever possible, upon' the carpet-baggers 
[q. v.] from the North, who encouraged the negroes to exercise 
their political rights. By these means undoubtedly the South- 
ern whites retained their supremacy over the numerically 



Ku=Klux=Klan 387 Ku=Klux=KIan 

stronger blacks, and the advantage has never been surrendered. 
Congress investigated the numerous complaints against the 
Ku-Klux-Klan and passed a stringent measure against the 
organization, in 1871; but so secret were its operations that it 
was practically impossible to secure evidence against members. 



Land Grants. This is a name by which is known the gifts 
of land made by the Government to railroad corporations to 
enable them to construct their lines through sections of country 
where independent action would not be profitable. When 
there was a demand for rapid transportation to the Pacific 
coast after the marvelous gold discoveries in 1849 and 1850, no 
group of railroad builders was willing to lay, unassisted, hun- 
dreds of miles of tracks through country then practically worth- 
less. In 1850, the first grant for railroad purposes was made, 
consisting of 2,500,000 acres given to the State of Illinois; that 
State used it to aid the Illinois Central Railroad. In 1856 
Arkansas received from the Government about 2,000,000 acres 
which it devoted to railroad interests. The tide of improve- 
ment pointed always westward towards the gold fields, and to 
trans-continental lines of railroad the greatest gifts were made. 
The number of acres given to these roads approximated the 
following: 

Union Pacific • 2,000,000 acres 

Kansas Pacific 6,000,000 acres 

Central Pacific 4,600,000 acres 

Oregon & California 3,500,000 acres 

Southern Pacific 9,500,000 acres 

Northern Pacific 47,000,000 acres 

Atlantic & Pacific 42,000,000 acres 

Many of these grants proved to be excessive, and public 
opinion so quickly turned against the policy that measures 
were taken to restore a part of the gifts. Over 50,000,000 
acres were in time recovered and turned back into the public 
domain. The term "land grant" was changed to "land grab," 
in the vocabulary of the West. It would not be possible today 
for any private corporation to secure gratuities of such enormous 
value, no matter what the pretext. See Subsidies. 

Land Office. Before the Revolutionary War, the owner- 
ship of all vacant lands in the colonies was vested in the Crown. 
Wlien the colonies became independent States, they succeeded 

388 



Land Office 



389 



Land Office 



6 


5 


4 
9 
16 


3 


2 
11 
U 


1 
12 


7 
18 


8 


10 
16 


17 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



DIAGRAM OF A REGULARLY 
FORMED TOWNSHIP. 



to the ownership of these vast areas, which included territory 
stretching westward to the Mississippi River. The boundaries 
of the Territories and several States were not well defined, and 
in a number of cases heated controversies resulted. The final 
solution of the difficulty was reached in the cession to the 
general Government of the claims of the States to this western 
territory. By the Louisiana Purchase, the Government came 
into possession of over a million square miles. The public 
domain was further augmented by the cession of Florida, and 
later by the admission of Texas, the 
Gadsden Purchase and the addition of 
the Oregon country. Excluding the 
public lands of the recently acquired 
Philippine Islands, the United States 
has at one time or another held in 
absolute ownership very nearly three 
million square miles of territory. 

The public lands of the United 
States have been for sale at a price of 
$1.25 an acre, exclusive of mineral lands and other especially 
Valuable tracts. The sale of public land is under the 
charge of an officer called the Commissioner of the General 
Land Office. This office was created in 1812, and was attached 
to the Treasury Department until 1849, when it was transferred 
to the Department of the Interior. Under the Commissioner 
of the General Land Office are surveyors-general, registers of 
land offices and receivers of land offices. 

Surveyor-General. The country is divided into seventeen 
districts for the care of public lands, and each district is under 
the supervision of a surveyor-general. Under his direction all 
the land in his territory is accurately surveyed and described, 
and thus prepared for sale. The National System of Surveys 
provides that the land shall be divided into ranges, townships, 
and sections. The ranges are bounded by meridian lines six 
miles apart, and are numbered east and west from a principal 
meridian. The townships are made six miles square in all 
regularly divided counties, and are numbered north and south 



Larceny 390 Larceny 

from a given parallel. Townships are divided into thirty-six 
sections, each of one square mile or 640 acres. The sections 
are divided into quarters, which are again subdivided into 
eighths and sixteenths. By the Ordinance of 1785, establishing 
the system of surveys by ranges and townships, the sections 
of a township were numbered from south to north. The 
northeast section is always numbered 1, and the southeast 
section is numbered 36. 

Register. In each land district there is a register who 
receives application for lands in his district and files receipts 
for payments which have been handed him by the receiver. 
Upon the date of final payment for any parcel of land, he gives 
to the purchaser a certificate which entitles him to a deed from 
the United States Government, duly signed in the Executive 
Department at Washington. 

Receiver. This officer receives money for various pay- 
ments on lands, gives receipts therefor, and passes the payments 
over to the register. 

Larceny. To unlawfully take and carry away property 
belonging to another person constitutes larceny. However, 
before a conviction on the charge of larceny can be secured 
against an accused person, it must be proved that he took the 
property with felonious intent, proposing to convert it to his 
own private use. There are two kinds, or degrees, of larceny, 
described below: 

Petit Larceny. If the value of the chattels feloniousl}'' 
appropriated is quite small, the offense charged is called petit 
larceny. In some States the maximum value is placed at five 
dollars; in others, not more than twenty dollars. The laws of 
many States* class petit larcenies as misdemeanors only. Such 
charges carry penalties, upon conviction, of fines or jail sen- 
tences. See Misdemeanors. 

Grand Larceny. If the property feloniously taken exceed 
the maximum amount included in a petit larceny, the offense 
is grand larceny. In all States grand larceny is a felony, and 
upon conviction, the guilty person may be sentenced to the 
penitentiary. See Felony. 



Late Unpleasantness 391 Law 

Late Unpleasantness, The, is a phrase used in an euphemis- 
tic sense, to denote the Civil War between the States. 

Law, a rule of action established by recognized authority, 
to enforce justice and direct citizens or subjects in the line of 
duty. It is the aggregate of those rules and principles of con- 
duct which the governing power in a community enforces and 
sanctions, and according to which it regulates, limits or protects 
the conduct of its members. Law includes the acts of the 
Legislative authority and the Constitution of the State, and 
also, in a more limited sense, the reports of adjudicated cases 
and text-books on jurisprudence. The following distribution 
of law is that made by Wharton, in his "Law Lexicon": 





Laws. 

1 




1 

Between 
God and Man. 


1 
Between 

Man and Man. 


1 
Natural. 


1 
Revealed. 


1 1 
National International, 

or Municipal. 

1 


1 
istitutionaL 


1 
Canon or 

Ecclesiastical. 


1 1 
Common Equity. 

Law. 

1 




1 
Public or 

Criminal. 


1 
Private or 

Civil. 



Laws originated in custom, in precedents arising from 
continued repetition of actions, or in the forbearance from action 
of individuals or tribes; obviously, the necessity of establishing 
tribunals for settling disputes followed in time. The decisions 
of these tribunals gave to precedents a much greater force than 
they theretofore enjoyed. So it is clear many established laws 
were the outgrowth of what previous customs had been. Gradu- 
ally these tribunals proposed new sets of rules not founded upon 
precedence entirely, but upon common sense. Here was the 
origin of the law of equity [q. v.]. It was not a long step from 
this point to the establishment of a special law-making body, 
or Legislature. The three great branches of law, then, were 
developed in the following order: common law, or the law of 



Law of Nations 392 Lecompton Constitution 

custom; equity, or the law of right; and statutory law, the 
product of Legislative action. 

Another division of laws is sometimes made as follows: 
public law, which deals with the State and its relations, and 
private law, which has to do with private persons and private 
property. International law, constitutional law and adminis- 
trative law are still further modifications of these subdivisions. 
See Common Law; International Law; Statutes; Bill; 
Act. 

Law of Nations, another name for international law [q. v.]. 

Laws, Sumptuary. See Sumptuary Laws. 

Laying Wires. A politician who makes extensive plans 
and preparations to accomplish certain ends, such as his re- 
election to the office he holds, or who seeks by every possible 
means some political advantage, is said to be "laying wires.'' 
Another term for such activity is "wire pulling." 

Lease, a legal form by which property is temporarily placed 
in the hands of another person than the owner, for his use. 
There is no legal form prescribed for leases; any intelligible 
wording is accepted, but usually in a State one commonly 
accepted form is used. 

Lecompton Constitution. In the years immediately pre- 
ceding the Civil War the people of Kansas, by a safe majority 
vote, were of the Free State party and thus opposed the admis- 
sion of Kansas to the Union as a slave State. However, by 
importation of Southern sympathizers from Missouri at election 
times and illegally voting them, a pro-slavery Legislature was 
regularly chosen. The election of 1857 was fought bitterly 
and won by the Free State party, whereupon the old Legislature 
left the capital city, re-organizecl at Lecompton and framed a 
pro-slavery Constitution. The new Free State Legislature, 
assured of its strength with the people, placed the matter before 
the electorate for decision; the Lecompton document was 
defeated, although favored by President Buchanan and the 
majority of the United States Senate. The interference of the 
Federal Government had been sought in vain, and Kansas 
became a free State. 



Legal Holidays 393 Legal Holidays 

Legal Holidays. All the States of the Union do not observe 
the same days of the year as holidays. There is a wide diversity 
in this regard, but the practice of observing the most important 
holidays is common throughout the country. The holidays 
legalized in the various States are as follows: 

Alabama — Jan. 1; Jan. 19 (Lee's birthday); Feb. 22; Mardi Gras 
(the day before Ash Wednesday, first day of Lent); Good Friday (the 
Friday before Easter); April 26 (Confederate Memorial day); June' 3 
(Jefferson Davis' birthday); July 4; Labor day (first Monday in Septem- 
ber); Thanksgiving day (last Thursday in November); Dec. 25. 

Alaska — Jan. 1; Feb. 22; May 30 (Decoration day); July 4; Thanks- 
giving day; Dec. 25. 

Arizona — Jan. 1; Arbor day (first Monday in February); Feb. 22; 
May 30; July 4; general election day; Thanksgiving day; Dec. 25. 

Arkansas — Jan. 1; Feb. 22; July 4; Thanksgiving day; Dec. 25. 

California — Jan. 1; Feb. 22; May 30; July 4; Sept. 9 (Admission 
day); Labor day (first Monday in September); general election day in 
November; Thanksgiving day; Dec. 25. 

Colorado — Jan. 1; Feb. 22; Arbor and School day (third Friday in 
April); May 30; July 4; first Monday in September; general election day; 
^Thanksgiving day; Dec. 25; every Saturday afternoon from June 1 to 
Aug. 31 in the city of Denver. 

Connecticut— Jan. 1; Feb. 12 (Lincoln's birthday); Feb. 22; Good 
Friday; May 30; July 4; Labor day (first Monday in September); Thanks- 
giving day; Dec. 25. 

Delaware— Jan. 1; Feb. 12; Feb. 22; May 30; July 4; first Monday 
in September; Thanksgiving day; Dec. 25. 

District of Columbia — Jan. 1; Feb. 22; March 4 (Inauguration day); 
May 30; July 4; first Monday in September; Thanksgiving day; Dec. 25. 

Florida — Jan. 1; Jan. 19 (Lee's birthday); Arbor day (first Friday 
in February); Feb. 22; April 26 (Confederate Memorial day); June 3 
(Jefferson Davis' birthday); July 4; first Monday in September; Thanks- 
giving day; general election day; Dec. 25. 

Georgia — Jan. 1; Jan. 19 (Lee's birthday); Feb. 22; April 26 (Con- 
federate Memorial day); June 3 (Jefferson Davis' birthday); July 4; 
first Monday in September; Thanksgiving day; Arbor day (first Friday 
in December); Dec. 25. 

Idaho — Jan. 1; Feb. 22; Arbor day (first Friday after May 1); July 4; 
first Monday in September; general election day; Thanksgiving day; 
Dec. 25. 

Illinois— Jan. 1; Feb. 12 (Lincoln's birthday); Feb. 22; May 30; 
July 4; Labor day (first Monday in September); general, state, county 
and city election days; Saturday afternoons; Thanksgiving day; Dec. 25; 



Legal Holidays 394 Legal Holidays 



Arbor, Bird and Flag days are appointed by the governor. The two first 
named come together and are usually fixed for the middle of April. Flag 
day comes about the middle of June. 

Indiana — Jan. 1; Feb. 22; May 30; July 4; first Monday in Septem- 
ber; general election day; Thanksgiving day; Dec. 25. 

Iowa — Jan. 1; Feb. 22; May 30; July 4; first Monday in September; 
general election day; Thanksgiving day; Dec. 25. 

Kansas — The only holidays by statute are Feb. 22; May 30; Labor 
day (first Monday in September) and Arbor day; but the days commonly 
observed in other states are holidays by common consent. 

Kentucky — Jan. 1; Feb. 22; May "30; first Monday in September; 
Thanksgiving day; general election day; Dec. 25. 

Louisiana — Jan. 1; Jan. 8 (anniversary of the battle of New Orleans); 
Feb. 22; Mardi Gras (day before Ash Wednesday); Good Friday (Friday 
before Easter); April 26 (Confederate Memorial day); July 4; Nov. 1 
(All Saints' day); general election day; fourth Saturday in November 
(Labor day, in the parish of New Orleans only); Dec. 25; every Saturday 
afternoon in New Orleans. 

Maine — Jan. 1; Feb. 22; Good Friday; May 30; July 4; Labor day; 
Thanksgiving day; Dec. 25. 

Maryland — Jan. 1; Feb. 22; May 30; July 4; first Monday in Sep- 
tember; Sept. 12 (Defenders' day); general election day; Dec. 25; every 
Saturday afternoon. 

Massachusetts — Feb. 22; April 19 (Patriots' day); May 30; July 4; 
first Monday in September; Thanksgiving day; Dec. '25. 

Michigan — Jan. 1; Feb. 22; May 30; July 4; first Monday in Sep- 
tember; Thanksgiving day; Dec. 25. 

Minnesota — Jan. 1; Feb. 12; Feb. 22; Good Friday (Friday before 
Easter); May 30; July 4; first Monday in September; Thanksgiving day; 
general election day; Dec. 25; Arbor day (as appointed by the governor). 

Mississippi — First Monday in September; by common consent July 
4, Thanksgiving day and Dec. 25 are observed as holidays. 

Missouri — Jan. 1; Feb. 22; May 30; July 4; Labor day; general 
election day; Thanksgiving day; Dec. 25; every Saturday afternoon in 
cities of 100,000 or more inhabitants. 

Montana — Jan. 1; Feb. 22; Arbor day (third Tuesday in April); 
May 30; July 4; first Monday in September; general election day; Thanks- 
giving day; Dec. 25; any day appointed by the governor as a fast day. 

Nebraska— Jan. 1; Feb. 22; Arbor day (April 22); May 30; July 4; 
first Monday in September; Thanksgiving day; Dec. 25. 

Nevada — Jan. 1; Feb. 22; July 4; Thanksgiving day; Dec. 25. 

New Hampshire — Feb. 22; fast day appointed by the governor; 
May 30; July 4; first Monday in September; Thanksgiving day; general 
election day; Dec. 25. 



Legal Holidays * 395 Legal Holidays 

New Jersey— Jan. 1; Feb. 12; Feb. 22; May 30; July 4; first Mon- 
day in September; general election day; Thanksgiving and fast days, and 
every Saturday afternoon. 

New Mexico — Jan. 1; July 4; Thanksgiving and fast days; Dec. 25; 
Declaration, Labor and Arbor days appointed by the governor. 

New York— Jan. 1; Feb. 12; Feb. 22; May 30; July 4; first Monday 
in September; general election day; Thanksgiving and fast days; Dec. 25; 
every Saturday afternoon. 

North Carolina — Jan. 1; Jan. 19 (Lee's birthday); May 10 (Confed- 
erate Memorial day); May 20 (anniversary of the signing of the Mecklen- 
burg declaration of independence); July 4; state election day in August; 
first Thursday in September (Labor day); Thanksgiving day; Dec. 25; 
every Saturday afternoon. 

North Dakota— Jan. 1; Feb. 12; Feb. 22; May 30; July 4; Arbor 
day (when appointed by the governor); general election day; Thanke- 
giving day; Dec. 25. 

Ohio — Jan. 1; Feb. 22; May 30; July 4; first Monday in September; 
general election day; Thanksgiving day; Dec. 25; every Saturday after- 
noon in cities of 50,000 or more inhabitants. 

Oklahoma — Jan. 1; Feb. 22; May 30; July 4; general election day; 
Thanksgiving day; Dec. 25. Others are expected to be named by the 
Legislature; Labor day is sure to be provided for. 

Oregon — Jan. 1; Feb. 22; May 30; first Saturday in June; July 4; 
first Monday in September; general election day; Thanksgiving day; 
public fast day; Dec. 25. 

Pennsylvania— Jan. 1; Feb. 12; Feb. 22; May 30; Good Friday; 
July 4; first Monday in September; general election day; Thanksgiving 
day; Dec. 25; every Saturday afternoon. 

Philippines — Jan. 1; Feb. 22; Thursday and Friday of Holy week; 
July 4; Aug. 13; Thanksgiving day; Dec. 25; Dec. 30. 

PortoRico— Jan. 1; Feb. 22; Good Friday; May 30; July 4; July 25 
(Landing day); Thanksgiving day; Dec. 25. 

Rhode Island — Jan. 1; Feb. 22; second Friday in May (Arbor day); 
May 30; July 4; first Monday in September; general election day; Thanks- 
giving day; Dec. 25. 

South Carolina — Jan. 1; Jan. 19 (Lee's birthday); Feb, 22; May 10 
(Confederate Memorial day); June 3 (Jefferson Davis' birthday); general 
election day; Thanksgiving day; Dec. 25, 26, 27. 

South Dakota — Same as in North Dakota. 

Tennessee — Jan. 1; Good Friday; May 30; July 4; first Monday in 
September; general election day; Thanksgiving day; Dec. 25; every 
Saturday afternoon. 

Texas — Jan. 1; Feb. 22 (Arbor day); March 2 (anniversary of Texas 
independence); April 21 (anniversary of battle of San Jacinto); July 4; 



Legal Tender 396 Legal Tender 

first Monday in September; general election day; appointed fast days; 
Thanksgiving day; Dec. 25. 

Utah— Jan. 1; Feb. 22; April 15 (Arbor day); May 30; July 4; 
July 24 (Pioneer day); first Monday in September; Thanksgiving day 
and appointed fast days; Dec. 25. 

Vermont — Jan. 1-; Feb. 22; May 30; July 4; Aug. 16 (Bennington 
■ Battle day); Labor day; Thanksgiving day; Dec. 25. 

Virginia — Jan. 1; Jan. 19 (Lee's birthday); Feb. 22; July 4; first 
Monday in September; Thanksgiving and appointed fast days; Dec. 25; 
every Saturday afternoon. 

Washington — Jan. 1; Feb. 12; (Lincoln's birthday) Feb. 22; May 
30; July 4; first Monday in September; general election day; Thanks- 
giving day; Dec. 25. 

West Virginia— Jan. 1; Feb. 12; Feb. 22; May 30; July 4; Labor 
day; general election day; Thanksgiving day; Dec. 25. 

Wisconsin — Jan. 1; Feb. 22; May 30; July 4; first Monday in Sep- 
tember; general election day; Thanksgiving day; -Dec. 25. 

Wyoming — Jan. 1; Feb. 12; Feb. 22; May 30; July 4; first Monday 
in September; general election day; Dec. 25. 

The National holidays, such as July 4, New Years, etc., 
are such by general custom and observance and not because 
of Congressional legislation. Congress has passed no laws 
establishing holidays for the whole country. It has made 
Labor day a holiday in the District of Columbia, but the law 
is of no effect elsewhere. 

Legal Tender. Any coin or paper money that the Govern- 
ment accepts for the payment of all debts, or which it is decreed 
shall be accepted by all persons in payment of debts, public or 
private, is called legal tender. If a debtor offers to a creditor 
money in such form as the Government recognizes as good and 
sufficient, such offer of payment is said to be a legal tender of 
payment. Money so offered a creditor at the proper hour of 
day, and in the proper place, cannot be legally refused. If 
refused, the debtor is released from obligation to make another 
tender and the creditor must then call upon the debtor if he 
would secure his payment. By the statutes of the United 
States, the following moneys are legal tender: gold coins; 
silver dollars, up to the number of twenty-five, except; where 
otherwise expressly stipulated in the contract; silver coins, of 
denominations smaller than one dollar, in sums not exceeding 



Legate 397 Legatee 

ten dollars, unless there is stipulation to the contrary in the 
contract; the five-cent piece and penny are legal tender in sums 
not exceeding twenty-five cents. The United States trade 
dollar, now no longer coined, and all foreign coins, are not legal 
tender. United States Treasury notes of various kinds and 
notes issued on silver bullion under the act of 1890 are also legal 
tender. The power of the United States to make paper currency 
legal tender in times of peace as well as in times of war has been 
sustained by the Supreme Court. But it has been held that 
where a contract stipulates for payment in coin, the legal 
tender acts do not enable the debtor to tender payment in 
paper or in any currency other than that agreed upon. The 
Constitution prohibits the several States of the Union from 
making anything except gold and silver coin a legal tender in 
payment of debts. This statement seems strange in the face 
of the well-known fact that paper money of all kinds is accepted 
as full legal tender of all private debts, but this is due to the 
absolute confidence of the people in the stability of the Govern- 
ment to meet its obligations, and to the further fact that any 
kind of paper money is quickly convertible at any National 
bank or subtreasury into legal tender. The time probably will 
never arrive when people will refuse to accept as legal tender 
any form of money authorized for any purpose under the Gov- 
ernment. See Money; Bank Notes; Currency. 

Legate. A legate is a person accredited by one nation as 
its diplomatic representative to the Court or Government of 
another nation; the term is another name for Ambassador 
[q. v.]. 

Legate a latere is a Catholic cardinal acting temporarily 
as a plenipotentiary [q. v.] of the Holy See at a political capital. 

Nuncio. A nuncio is a Catholic high official serving by 
appointment of the Pope as Minister or Ambassador to a civil 
government. 

The United States does not officially recognize represen- 
tatives of the Holy See. 

Legatee. A legatee is a person to whom personal property 
is bequeathed by will. 



Legation 398 Legislative Department 

Legation. The person or persons officially accredited as 
diplomatic representatives of anation, including the Ambassador 
or Minister, and all attaches and secretaries, is called a legation. 
The name is also applied to the official foreign residence of an 
Ambassador or Minister. The United States owns no property 
abroad for use as the homes of its diplomatic representatives. 
The opposite is true of many European countries with repre- 
sentatives regularly accredited to the United States. In the 
city of Washington many countries own imposing buildings 
which are given entirely to the use of their legations. 

Legislative Department. A Legislature is the law-making 
department of a country or State. In the United States Gov- 
ernment, the Constitution (Article I, Section 1) provides that 
all Legislative authority "shall be vested in a Congress of the 
United States, which shall consist of a Senate and a House of 
Representatives." Each State Government is patterned very 
largely upon the Constitution of the United States; it therefore 
follows that the law-making department of a State should con- 
sist of two branches similar to the two Houses of the National 
Congress. 

United States. Congress is composed of the two branches 
named above, and their duties are co-ordinate, except that upon 
the Senate are placed certain responsibilities, such as making 
treaties and confirming Presidential appointments, which are 
not shared by the House of Representatives. The Senate is 
composed of two members from each State of the Union. This 
number cannot be increased nor diminished by any Legislative 
enactment. The number of Senators at present is ninety-two, 
representing forty-six States. It sometimes occurs, however, 
that there is not full representation in the Senate, owing to 
the failure of some State to elect a Senator to fill a vacancy, or 
failure to elect a successor to a member whose term has expired. 
The House of Representatives, by the apportionment of 1900, 
effective from 1903 to 1913, was given 386 members. This has 
been increased by the admission of Oklahoma and Indian Terri- 
tory as the State of Oklahoma. Senators are elected by the 
State Legislatures, each for a term of six years; the terms of 



Legislative Department 399 Legislative Department 

one-third of the members of the Senate expire every two years; 
thus there are retained at all times two-thirds of the members 
who have experience in legislation in the upper House. 

The term of a member of the House of Representatives is 
for two years, the period of existence of one Congress. He 
secures his election by direct vote of the people of that part of 
his own State comprising the Congressional District which he 
serves, and he must, if he wishes to retain his membership in 
the House, appeal to his constituency for re-election. 

The plan of the framers of the Constitution seems admir- 
able with respect to the methods of election of Senators and 
Representatives. Senators do not owe their election directly to 
the people, and therefore may be depended upon in times of tur- 
bulence to exercise deliberation of action in reaching decisions, 
not moved to quick action by whatever opinions hold temporary 
sway throughout the country. Such an attitude as the Senate 
is therefore able to bring to bear upon momentous questions is 
likely to prevent ill-advised legislation. The House of Repre- 
sentatives, on the other hand, coming directly from the people 
at two-year intervals, is quick to feel the pressure of public 
opinion, and this opinion is reflected in its official acts. If the 
Senate is inclined to be too conservative, the House, responsive 
to the sentiment of the day, may oftentimes bring pressure to 
bear, resulting in effective legislation. In this respect each 
House exercises a salutary influence upon the other. Congress 
meets in session every year, on the first Monday in December. 
For additional information on the general subject of this article, 
see House of Representatives; Senate; Checks on Gov- 
ernment. 

State.. The numerical strength of a State Legislature is 
prescribed by the State Constitution. The Senate of some 
States is composed of as few as fifteen members, and in other 
States of as many as fifty members. A House of Representa- 
tives may number no more than thirty members, or may have 
as many as two hundred members. , The Legislature of a State 
passes all State laws in the same manner in which the Congress 
of the United States passes laws affecting the general Govern- 



Legislature 400 Liberal Republican Party 

ment, but here the similarity practically ends, although in most 
States certain officers appointed by the Governor must be 
confirmed by the Senate. Usually the members of each House 
of a State Legislature hold office for two years, although in 
some States Senators are given a four-year term, half of them 
retiring every two years. 

Legislature. See Legislative Department, subhead 
State. 

Letters of Marque and ReprisaL See Marque and Re- 
prisal, Letters of. 

Letters Patent. See Patent. 

Levy, the seizure of property by an officer of the law, to 
satisfy a claim judicially sustained. The term is also applied 
to the goods or property taken by levy. 

Libel consists in malicious statements which are written 
and published. It differs from slander in that the latter is 
anything uttered with malicious intent, but not written or 
printed. Libel, then, is written or printed slander. The laws 
have declared that anything is libel which is expressed either 
in print or in writing, or by songs or pictures, tending to injure 
the memory of a person dead or the reputation of one living, 
and exposing him to public hatred, contempt or ridicule. Libel 
is punishable under the laws of every State, and statutes gov- 
erning the subject are among the safeguards of the people 
against undue freedom of the press. See Freedom of Speech. 

Liberal Republican Party. That faction of the Republican 
party in 1871 which opposed the candidacy of President Grant 
formed the Liberal Republican organization, and the next 
year, to emphasize its disapproval, fused with the Democrats. 
The charge was made that in the enforcement of the laws much 
favoritism was shown the adherents of General Grant; that no 
serious effort was being put forth to prevent a war of the races 
in the South, an event which seemed imminent; also that 
Grant, if unhindered, would establish practically a military 
dictatorship. Besides opposing the above principles, the Liberal 
Republicans advocated civil service reform, universal suffrage 
and amnesty. Within four years the party disappeared. 



Liberty Cap 



401 



Library of Congress 




LIBERTY CAP CENT. 



not able to survive the disastrous defeat inflicted in the Greeley 
campaign. See Political Parties in the United States. 

Liberty Cap. See Cap of Liberty. 

Liberty Cap Cent. Between the passage of the act of Con- 
gress authorizing a mint of the United States and the date upon 
which the law became effective, several specimen coins, or 
"patterns," were stamped. These are all very rare at the pres- 
ent day and are worth in some instances many dollars. Prob- 
ably the rarest is the "liberty cap cent." It presents on one 
side a profile of Washington, 
together with his name; the 
reverse side displays a liberty 
cap in the center, with rays of 
light extending from it; around 
the edge are the words, "Success 
to the United States." See Cap 
OF Liberty. 

Liberty of Speech. See Freedom of Speech. 

Liberty of the Press. See Freedom of Speech. 

Liberty Party. Those who began publicly to oppose 
slavery, about 1840, were not united as to the manner of pro- 
cedure to secure results most quickly. Many proposed by 
agitation merely to arouse a strong anti-slavery sentiment; 
others were determined to make the question a political issue. 
The Liberty party was formed by this latter faction, and it 
placed in the field National tickets in 1840 and 1844. Fewer 
than 10,000 votes were cast for its nominees in the year first 
named, and only about 16,000 in 1844. Four years later it 
merged with the Free-Soil [q. v.] party. See Political Par- 
ties IN THE United States. 

Library of Congress. The Library of Congress was estab- 
lished in 1800, with the intention at first that it should serve 
the needs of Senators and Representatives only; but its scope 
has been greatly enlarged during the years since it was replen- 
ished in 1814, after having been destroyed when the capital 
was burned. In the latter year Congress purchased for it the 
library of Thomas Jefferson, 6,760 volumes, for $23,950. In 



Lien 402 Lieutenant 

1851 the Library again was destroyed by fire, more than 35,000 
volumes being lost. Since then Congress has made regular 
appropriations for its maintenance and development; it has 
since about 1860 received two copies of every book and pam- 
phlet which has been copyrighted in the United States and has 
been, also, the recipient of gifts of many rare and valuable 
books. It comprises more than a million and a half books 
and pamphlets, 28,000 manuscripts, 56,000 charts and maps, 
300,000 pieces of music, and nearly 100,000 illustrations, en- 
gravings and lithographs. It is rich in Federal documents, 
historical works, political science, important files of early 
American papers, etc. In 1897 the collection was removed 
from the Capitol, where it had been located for nearly 100 years, 
and placed in the new Congressional Library, built at a cost of 
over $6,000,000, exclusive of the land value of nearly $600,000. 
The value of building and grounds, not including contents, is 
$6,932,000. It is the largest and most magnificent library 
building in the world. 

Lien, a hold or claim whicn one person has upon the prop- 
erty of another, as a security for some debt. In every case in 
which either real or personal property is charged with the 
payment of an obligation, every such charge may be denom- 
inated a lien on the property. A lien is not a title to the prop- 
erty, as all rights are released at any time by payment of the 
sum for which the lien attaches. The technical name for a 
lien on real estate is mortgage [q. v.], in which instance. the 
property mortgaged naturally remains in the hands of the 
debtor. Personal property pledged for a debt may be left in 
the hands of the debtor, or it may be turned over to the creditor, 
to be held personally by him until such time as the debt is paid. 

Lieutenant, a commissioned officer of the army or navy of 
the United States. In the army there are two grades of Lieu- 
tenants, namely, Second Lieutenant, which is the lowest com- 
missioned officer of the army, and First Lieutenant, who ranks 
immediately below Captain. The pay for a Second Lieutenant 
ranges from $1,400 to $2,100, by a graduated scale, determined 
by length of service. In the navy the Lieutenant is in authority 



Lieutenant=CoIonel 403 Lieutenant^Qeneral 

above masters and ensigns, and immediately below Lieutenant- 
Commanders. The salary of a Lieutenant in the navy ranges 
from $2,400 to $2,600. His rank is comparable to that of 
Captain of the army. Every graduate of the military academy 
at West Point who enters the army becomes Second Lieutenant. 
Upon graduation from Annapolis, the cadet must serve four 
years in the United States Navy, first as ensign, from which 
position by degrees he is advanced to the rank of Lieutenant, 
if he remains in the service. See Comparative Rank in Army 
AND Navy. 

Lieutenant<=Colonel. In the United States army, the com- 
missioned officer ranking next below Colonel is Lieutenant- 
Colonel. He is the second in command of a regiment, being 
inferior in rank in his regiment to the Colonel only. The salary 
of a Lieutenant-Colonel ranges from $3,000 to $4,000, according 
to term of service. The corresponding naval officer is Com- 
mander, who ranks below the ship's Captain. See Comparative 
Rank in Army and Navy. 

Lieutenant>=Commander. In the United States navy, that 
commissioned officer ranking between a Commander and Lieu- 
tenant is a Lieutenant-Commander. The corresponding rank 
in the army is that of Major, who ranks between Lieutenant- 
Colonel and Captain. The salary of a Lieutenant-Commander 
is $2,800 per year. See Compartaive Rank in Army and 
Navy. 

Lieutenant=Qeneral. In the United States army, the 
Lieutenant-General is in rank next below General of the Army, 
and is therefore second in authority in the military establish- 
ment. It is seldom, however, that an appointment is made of 
the rank of General of the Army or Lieutenant-General. The 
grade of Lieutenant-General was created in 1798, abolished the 
next year, revived in 1855 in order that General Scott might 
be honored with appointment to this rank; it was abolished 
again in 1861, upon the death of Scott, and revived in 1864 for 
the benefit of Grenerals Grant, Sherman and Sheridan, and 
abolished in 1870. During these six years the three officers 
named rose from the grade of Lieutenant-General to General 



Life=Saving Service 404 Lobby 

of the Army. From 1870 to 1895 the grade was abolished, but 
in the latter year was revived, and General Scofield was given 
the honor. Upon his retirement, his" successors were raised 
to the grade of Lieutenant-General, which grade continues to 
the present day. The Lieutenant-General ranks above Major- 
General; the salary is $11,000 per year. The corresponding 
grade in the navy is that of Vice- Admiral, who ranks between 
Admiral and Rear-Admiral. See Comparative Rank in Army 
AND Navy. 

Life=Saving Service, a branch of the Federal Government, 
under the direction of the Treasury Department, established 
to save the lives of sailors and passengers on the waters of the 
United States and to protect and save property in wrecks 
occurring near the shore. The establishment of this very 
humane undertaking was the outgrowth of a sentiment which 
developed after a series of fearful disasters along the Atlantic 
coast preceding the year 1850. In that year an appropriation 
of S10,000 was made by Congress for the purpose of lessening 
losses, if possible; eight small buildings were erected at danger- 
ous points along the coast, with small crews of men to patrol 
the shore and render all possible aid. The plan was applauded 
and the service was extended rapidly, for it more than met 
the expectations of its promoters. Today more than 12,000 
miles of ocean, gulfs and lakes are under the watchful eye of 
the service, and the annual appropriation for maintenance is 
over $1,500,000. 

Limited Monarchy. See Monarchy. 

Lincoln Brotherhood, the name of an organization no longer 
in existence; applied formerly to groups of negroes who formed . 
themselves into societies during the period of reconstruction 
after the Civil War, for the purpose of protecting themselves 
in their newly acquired rights as citizens. 

Line Officer. For the different designations of army grades, 
see Field Officer. 

Lobby is the name applied to a collection of men or women 
who make a business of influencing the votes of legislators on 
important measures, It is popularly believed that the word 



Local Option 405 Loco=Focos 

lobbyist is synonymous with corruption, but this is not neces- 
sarily true. If fully written, the history of the lobby, or "Third 
House," as it is sometimes called, would show that many 
needed measures have become laws which otherwise would have 
been defeated had it not been for such activity. The people 
constituting the lobby are called lobbyists; it is not denied 
that they are frequently employed by corporations whose 
commercial interests may be affected by legislation. The term 
lobby means anteroom, and is used in this connection because 
lobbyists habitually throng rooms and halls ad joining, meeting 
places of Congress and Legislatures. 

Local Option. The right of a village, township, county or 
larger civic division to determine for itself the conditions under 
which intoxicating liquors shall be sold, or whether the traffic 
shall be entirely prohibited, is called local option. The term 
means the right of local choice. In our political history it has 
no significance other than iii its relation to the saloon question. 
The prohibitionists and temperance people of other political 
parties naturally seek to enjoin prohibition upon a whole State. 
Failing in this, they attempt to secure legislation which will 
make it possible for any given political division in a State to 
vote upon the liquor question independently of all other parts- 
of the State. This method of bringing about prohibition is very 
popular. In more than one-fourth of the area of the United 
States absolute prohibition prevails, through local option efforts. 
In many States from one-third to two-thirds of the counties 
have prohibited saloons, and in some States prohibition laws 
are in force; it is estimated that if the success that has attended 
the movement since 1900 should continue unabated, by 1920 
the greater part of the United States will be strictly prohibition 
territory. See High License; Prohibition. 

Loco=Focos. This was a name given to a radical section 
of the Democratic party in the year 1835, known as the Equal 
Rights party. The name came to be applied in this way: 
During an excited meeting of the Equal Rights party in Tam- 
many Hall in New York, in the year above named, there was 
much confusion, and to bring the meeting to a sudden, 



Log Cabin Campaign 406 Louisiana 

undignified close, the lighted candles were extinguished. They 
were, however, quickly relighted, with a kind of match at the 
time popularly called a loco-foco match. The name was 
immediately applied to the adherents of the party by its oppo- 
nents. See Political Parties in the United States. 

Log Cabin Campaign. See Hard Cider Campaign. 

Log Rolling. This is a strangely applied term relating to 
the efforts sometimes made by a member of a Legislative body 
to pass a bill in which he is interested. It is often impossible 
to secure support by direct appeal without promise of support 
in return to other members on measures in which the others 
are interested. Therefore, Legislator A, in order to secure 
votes for his favored measure, will promise to Legislators B, 
C, D, and others, his vote on bills in which they are interested, 
if they will favor him with votes that he needs to pass his bill. 
The term is derived from the custom of men, in cutting timber, 
in aiding each other in rolling heavy logs from the forest to the 
water. 

London Company, a corporation chartered in 1606 in Eng- 
land, for the purpose of planting colonies in America. Its 
character changed in 1609 to a joint stock company and there- 
after it was officially known as "The Treasurer and Company 
of Adventurers and Planters of the City of London for the 
First Colony in Virginia." The original company was em- 
powered to establish a colony between 34° and 38° north lati- 
tude. The reorganized group of "Adventurers and Planters" 
settled Jamestown in 1607, and they administered its affairs 
for seventeen years. 

Long Session of Congress. See Congress. 

Loose Construction. See Construction of the Con- 
stitution. 

Louisiana. La Salle's explorations down the Mississippi 
River to its mouth gave France a just title to the territory 
adjacent to that stream. In 1712 Louis XIV named the vast 
tract Louisiana, in honor of himself. The French remained 
in possession until 1762, when it was ceded to Spain, by a 
secret treaty. In 1800 it was retroceded to France, who kept 



Louisiana 



407 



Louisiana 



;s/SA/Vv^ 




STATE SEAL OF LOUISIANA. 



it for nearly three years. In 1803 the United States ac- 
quired the whole vast French possessions west of the Mississippi, 
both the territory and the diplomatic act by which it was 
acquired being called the Louisiana Purchase [q. v.]. The 
next year the tract was partitioned into two governments — 
the Territory of Orleans and the District of Louisiana. The 
former embraced nearly all of what is now Louisiana; the lat- 
ter, the remainder of the Louisiana Purchase. In April, 1812, 
the Territory of Orleans became the State of Louisiana, and in 
1814 the District of Louisiana was 
changed in name to Missouri Territory. 

Government. Louisiana has had 
five Constitutions— in 1812, 1845, 1852, 
1868, and 1898. The document adopt- 
ed in 1845 provided for the election of 
the Governor by direct vote of the 
people; that of 1852 provided that 
Judges, except of the Supreme Court, 
should be chosen in the same manner. 
A new Constitution in 1868 was a necessity growing out of the 
results of the Civil War; that of 1898 was demanded to place such 
restrictions around the ballot that negroes would be practically 
disfranchised. The present Constitution was amended slightly 
in 1900, 1902 and 1904; this change may be made in the basic 
law by two-thirds' vote of each House of the Legislature, 
followed by ratification by majority vote of the people. A 
male citizen of the United States may vote if he has been in the 
State two years, in the parish (county) one year, and in the 
precinct six months, provided he can show ability to read and 
write, by filling out a registration blank, or if he can schedule 
property valued at not less than $300, on which all taxes have 
been paid. Upon questions of taxation which may be sub- 
mitted to vote, women of legal age may,vote, without registra- 
tion. 

The Executive Department is composed of a Governor, 
Lieutenant-Governor, Treasurer, Auditor, Secretary of State 
and Superintendent of Public Instruction, all elected for terms 



Louisiana Purchase 408 Louisiana Purchase 

of four years. The Legislative Department is composed of a 
Senate of not more than forty-one members and a House of 
Representatives numbering not more than 116 members; their 
terms are also four years. The Legislature meets biennially, 
and its members receive $5 per day and mileage, each session 
being limited to sixty days. The Judicial power is vested in 
a Supreme Court of five members, each appointed by the 
Governor for a term of twelve years; in a Court of Appeals, and 
in District Courts, the judges being elected for terms of nine 
years. There are also Justice Courts and special courts for 
the city of New Orleans. The laws of the State are based on 
the Code Napoleon, a legacy from French ownership and con- 
trol. 

Louisiana Purchase. During the early years of our Na- 
tional history, Spain owned the immense area west of the 
Mississippi River and both shores of that stream at its mouth. 
In 1795 a treaty was negotiated by which the people of the 
United States were granted free use of the river and the right 
to use one city as a place of deposit for merchandise. Five 
years later a secret treaty transferred Louisiana from Spain 
to France, and we witnessed at once quarrels between the two 
countries over various matters connected with their New World 
possessions. It was apparent that in case of war the Mississippi 
would be blockaded and our interests would suffer. The whole 
nation insisted that the Government should take some action 
which would forever assure the safety of American commerce 
along the then western waterway. Congress responded by 
appropriating $2,000,000 for the purchase of New Orleans, and 
President Jefferson sent James Monroe to act with our minister 
to France in arranging the purchase. Napoleon Bonaparte, 
who was supreme in France, needed money to advance his am- 
bitious designs, and he proposed that the United States buy 
the whole of Louisiana. Without Constitutional warrant, and 
beyond the authority of Congress, the commissioners reached 
an agreement, by which for the whole territory France was to 
receive $15,000,000 and certain small interest payments. The 
people rejoiced that the great waterway was thus permanently 



Lynch Law 409 Lynch Law 

secured to America, but they little dreamed of the incalculable 
value of the purchase. The act of the commissioners was 
deemed by strict constructionists to be unconstitutional, 
because there was in the Constitution no provision for exten- 
sion of our domain by such methods (see Construction of the 
Constitution); even President Jefferson concurred in this 
opinion and recommended an amendment which by retroac- 
tion should legalize the purchase. Such a step never was 
taken, however, for the transfer had been consummated and 
there seemed no urgent necessity for it. The termination of 
the argument greatly strengthened the faction in the nation 
which believed in liberal construction of the Constitution and 
served to emphasize the doctrine of implied powers. 

Portions of the boundary line of the Louisiana Purchase 
were in dispute for some years, but by treaties with Spain in 
1819, and with Great Britain in 1846, all differences were 
satisfactorily adjusted. The region comprised the territory 
east of the Mississippi to the Perdido River south of the thirty- 
first degree of north latitude, and west of the Mississippi all of 
the present States of Louisiana, Missouri, Arkansas, Iowa, 
Nebraska, the two Dakotas, Montana, Idaho, Washington, 
all of Minnesota west of the Mississippi, the portions of Wyoming 
and Colorado east of the main range of the Rocky Mountains, 
nearly all of Kansas and a small strip in Oklahoma. By com- 
parison with most European countries each of these States 
is an empire. 

Of the purchase the President said at the time, "We have 
lived long, but this is the noblest work of our whole lives." 
Bonaparte, unusually gifted with political astuteness, declared 
that he had given to England "a maritime rival that will 
sooner or later humble her pride." 

Lynch Law. Lynch law is a term derived from the name 
of Charles Lynch, a patriotic Virginian of the Revolutionary 
period, who punished lawless persons in a summary manner. 
Courts of justice were rare, and acts of outlawry not uncommon. 
To protect peaceable citizens in the enjoyment of their rights 
and privileges, it seemed wise to Mr. Lynch and his followers 



Lynch Law 410 Lynch Law 

to take matters of justice into their own hands. Lynch law is 
now appHed to the capture and killing, by hanging or shooting, 
of criminals who are self-confessed, or against whom proof is 
conclusive, without application to courts of justice. See 
Judge Lynch. 



M 



McKinley Bill, a very important tariff bill which became 
a law by receiving the signature of President Benjamin Harri- 
son on October 1, 1890. This tariff received its name, as is 
usual in such cases, from the name of the chairman of the 
Committee of Ways and Means in the House of Representatives, 
in the Congress then in session; this was William McKinley, 
later President of the United States. 

The McKinley Bill lowered tariff duties on a few articles 
of import, such as steel rails, structural iron and iron, but in 
other respects it was a pronounced high tariff act. It takes its 
place in history as the most conspicuous of all high tariff acts, 
and it was doubtless responsible for the defeat of the Republican 
party in 1892, because of the charge of the opponents of the 
measure that it increased the cost of living. It was succeeded 
in 1894 by the Wilson Bill [q. v.]. See Ways and Means, Com- 
mittee OF. 

Mace. A mace is a club-shaped staff used in Legislative 
bodies as an emblem of authority. In the English House of 
Parliament it occupies a prominent position during every ses- 
sion, but in the United States Congress it is rarely seen. The 
only occasions on which it appears is when members forget 
decorum and engage in hot debate or personal encounters 
beyond control of the presiding officer. At such times the 
Sergeant- at- Arms carries the mace down the center aisle and 
places it in full view of all members or carries it between two 
turbulent and disturbing members. Its presence commands 
peace. Refusal to obey this demand for quiet and order places 
the offending persons in contempt of the House of which they 
are members. See Sergeant-at-Arms. 

Machine, The. When any local organization of a political 
party falls into the hands of politicians who use their powers 
more for the advancement of their own personal interests than 
for the good of the public, said organization is popularly termed 
"the machine." Doubtless its derivation can be traced to 



Magazine 412 Magna Charta 

Aaron Burr's reference to "the machinery of a party." He 
did not use the word in an opprobrious sense. 

Magazine, the name given to a strong building in which 
powder and other military stores are kept by the Government. 
See Arsenal. 

Magna Charta. This is a Latin term meaning "great 
charter," and refers to the instrument signed by King John of 
England at Runnymede in 1215 ; in its subject-matter it laid 
the foundation of the liberties of the English people. Magna 
Charta is also called the Charter of Liberties. The king did 
not sign this document willingly, but his acceptance was forced 
at the hands of the nobles of his realm. There are in Magna 
Charta sixty-three clauses. Its principal provisions are as 
follows: 

[1] A declaration that the Church of England is free. 

[2] Feudal obligations are defined and limited. 

[3] All courts are to be held at fixed places, assize courts are es- 
tablished, and earls and barons are to be tried by their peers. 

[4] No extraordinary taxation shall be levied without consent of 
those upon whom its burdens fall. 

[5] No punishment or imprisonment shall be permitted save by 
judgment of peers and the law of the land. 

[6] There shall be no denial, sale or delay of justice. 

[7] One standard of weights and measures is established. 

Magna Charta has been referred to by many writers as the 
keystone of English liberty. It has been confirmed thirty-two 
times by acts of Parliament on occasions when the liberties of 
the people were threatened. The full text of the document 
follows : 

MAGNA CHARTA. 

John, by the grace of God, King of England, Lord of Ireland, Duke of Nor- 
mandy and Aquitaine, and Count of Anjou; to all archbishops, bishops, abbots, 
priors, earls, barons, sheriffs, officers, and to all baihffs and other his faithful subjects, 
greeting. 

Know ye, that we, in the presence of God, and for the health of our soul, and 
the souls of our ancestors and heirs, and to the honour of God and the exaltation 
of Holy Church, and amendment of our kingdom; by advice of our venerable fathers, 
Stephen archbishop of Canterbury, primate of all England, and cardinal of the Holy 
Roman Church; Henry archbishop of Dubhn, William bishop of London, Peter of 
Winchester, Jocelin of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, 
William of Coventry, Benedict of Rochester, bishops; and Master Pandulph the 
pope's sub-deacon and familiar. Brother Aymerick master of the Knights Templars 
in England, and the noble persons, William the marshal, earl of Pembroke, William 



Magna Charta 413 Magna Charta 



earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway, 
constable of Scotland, Warin Fitzgerald, Peter Fitz-Herbert, and Hubert de Burgh, 
seneschal of Poictou, Hugo de Nevil, Matthew Fitz-Herbert, Thomas Basset, Alan 
Basset, Philip of Albiney, Robert de Ropele, John Marshall, John Fitz-Hugh, and 
others our hegemen, have in the first place granted to God, and by this our present 
Charter confirmed for us and our heirs forever. 

I. That the Church of England shall be free, and shall have her whole rights, 
and her hberties inviolable; and I will this to be observed in such a way that it may 
appear thence, that the freedom of elections, which is reckoned most necessary to 
the English Church, which we granted, and by our charter confirmed, and obtained 
the confirmation of it from Pope Innocent III, before the discord between us and our 
barons, was of our own free will. Which charter we shall observe; and we will it 
to be observed faithfully by our heirs forever. 

II. We have also granted to all the freemen of our kingdom, for us and our 
heirs forever, all the underwritten liberties, to be held and enjoyed by them and 
their heirs, of us and our lieirs. If any of our earls or barons, or others who hold 
of us in chief by military service, shall die, and at his death his heir shall be of full 
age, and shall owe a relief, he shall have his inheritance for the ancient relief, viz., 
the heir or heirs of an earl, a whole earl's estate for one hundred pounds; the heir 
or heirs of a baron, a whole barony, for one hundred pounds; the heir or heirs of a 
knight, a whole knight's fee, for one hundred shillings at most; and he who owes 
less, shall pay less, according to the ancient custom of fees. 

III. But if the heir of any such be a minor, and shall be in ward, when he 
comes of age he shall have his inheritance without relief and without fine. 

IV. The guardian of an heir who is a minor, shall not take of the lands of the 
heir any but reasonable issues, and reasonable customs, and reasonable services, 
and that without destruction and waste of the men or goods; and if we commit the 
custody of any such lands to a sheriff, or to any other person who is bound to answer 
to us for the issues of them, and he shall make destruction or waste on the ward- 
lands, we will take restitution from him, and the lands shall be committed to two 
legal and discreet men of that fee, who shall answer for the issues to us, or to him 
to whom we shall assign them; and if we grant or sell to any one the custody of any 
such lands, and he shall make destruction or waste, he shall lose the custody; which 
shall be committed to two legal and discreet men of that fee, who shall answer to us, 
in like manner as aforesaid. 

V. Besides, the guardian, so long as he hath the custody of the lands, shall keep 
in order the houses, parks, warrens, ponds, mills, and other things belonging to them, 
out of their issues; and shall deliver to the heir, when he is full age, his whole lands, 
provided with ploughs and other implements of husbandry, according to what the 
season requires, and the issues of the lands can reasonably bear. 

VI. Heirs shall be married without disparagement, and so that, before the mar- 
riage is contracted, notice shall be given to the relations of the heir by consanguinity. 

VII. A widow, after the death of her husband, shall immediately, and without 
difficulty, have her marriage goods and her inheritance; nor shall she give anything 
for her dower, or her marriage goods, or her inheritance, which her husband and 
she held at the day of his death. And she may remain in the mansion house of 
her husband forty days after his death; within which time her dower shall be as- 
signed, if it has not been assigned before, or unless the house shall be a castle, and 
if she leaves the castle, there shall forthwith be provided for her a suitable house, 
in which she may properly dwell, until her dower be to her assigned, as said above; 
and in the meantime she shall have her reasonable estover from the common income. 
And there shall be assigned to her for her dower the third part of all the lands, which 
were her husband's in his hfetime, unless a smaller amount was settled at the church 
door. 

VIII. No widow shall be distrained to marry herself so long as she has a mir^d 
to live without a husband. But yet she shall give security that she will not marry 



Magna Charta 414 Magna Charta 



without our assent, if she holds of us; or without the consent of the lord of whom 
she holds, if she holds of another. 

IX. Neither we nor our bailiffs shall seize any land or rent for any debt, so 
long as the chattels of the debtor are sufficient to pay the debt, and the debtor 
is prepared to give satisfaction. Nor shall the sureties of the debtor be distrained, 
so long as the principal debtor be sufficient for the payment of the debt. And if the 
principal debtor fail in the payment of the debt, not having wherewithal to discharge 
it, or will not discharge it when he is able, then the sureties shall answer the debt, 
and if they will they shall have the lands and rents of the debtor, until they shall 
be satisfied for the debt which they paid for him; unless the principle debtor can 
show himself acquitted thereof against the said sureties. 

X. If any one have borrowed anything of the Jews,* more or less, and dies be- 
fore the debt is satisfied, there shall be no interest paid for that debt, so long as the 
heir is a minor, of whomsoever he may hold; and if the debt falls into our hands, 
we will take only the chattel mentioned in the deed. 

XI. If any one shall die indebted to Jews, his wife shall have her dower, and 
pay nothing of that debt; and if the deceased left children under age, they shall 
have necessaries provided for them according to the tenement of the deceased, and 
out of the residue the debt shall be paid; saving however the service of the lords. 
In like manner the debts due to other persons than Jews shall be paid. 

XII. No scutage or aid shall be imposed in our kingdom, unless by the com- 
mon council of our kingdom, except to ransom our person, and to make our eldest 
son a knight, and once to marry our eldest daughter; and for the-? there shall 
only be paid a reasonable aid. 

XIII. In hke manner it shall be concerning the aids of the City of London; 
the City of London shall have all its ancient liberties and free customs, as well by 
land as by water. Furthermore we wiU and grant that all other cities and boroughs, 
and towns and ports shall have all their Uberties and free customs. 

XIV. And for holding the common council of the kingdom concerning the as- 
sessment of aids, otherwise than in the three aforesaid cases, and for the assessment 
of scutages, we will cause to be summoned the archbishops, bishops, earls, and 
greater barons, singly, by our letters; and besides, we will cause to be summoned 
generally by our sheriffs and bailiffs, all those who hold of us in chief, for a certain 
day, that is to say, forty days before their meeting at least, and to a certain place; 
and in all the letters of summons, we will declare the cause of the summons; and the 
summons being thus made, the business shall go on at the day appointed, according 
to the advice of those who shall be present, aithough all who had been summoned 
have not come. 

XV. We will not authorize any one, for the future, to take an aid of his free- 
men, except to ransom his body, to make his eldest son a knight, and once to marry 
his eldest daughter; and for these only a reasonable aid. 

XVI. No one shall be distrained to do more service for a knight's fee, nor for 
any other free tenement, than what is due from thence. 

XVII. Common pleas shall not follow our court, but shall be held in some cer- 
tain place. 

XVIII. Assizes upon the writs of Novel Disseisin, Mort d'Ancestre and Darrein 
presentment,t shall not be taken but in their proper counties, and in this manner. 
— We, or our chief justiciary when we are out of the kingdom, shall send two jus- 
ticiaries into each county four times a year, who, with four knights chosen out of 
every shire by the people, shall hold the said assizes at a stated time and place, within 
the county. 

XIX. And if any matters cannot be determined on the day appointed for 
holding the assizes in each county, let as many knights and freeholders of those 

♦Christians in those days were forbidden by the canon law to lend on usury; 
the whole of the money-lending was therefore in the hands of the Jews. 
tLast presentation to a benefice. — Sheldon Amos. 



Magna Charta 415 Magna Charta 



who were present remain behind, as may be necessary to decide them, according as 
there is more or less business. 

XX. A freeman shall not be amerced for a small offence, but only according 
to the degree of the offence; and for a great crime, according to the heinousness of 
it, saving to him his contenement; and after the same manner a merchant, saving to 
him his merchandise; and a villein shall be amerced after the same manner, saving 
to him his wainage, if he falls under our mercy; and none of the aforesaid amercia- 
ments shall be assessed but by the oath of honest men in the neighborhood. 

XXI. Earls and barons shall not be amerced but by their peers, and according 
to the degree of the offence. 

XXII. No ecclesiastical person shall be amerced for his lay-tenement, but 
according to the proportion of the others aforesaid, and not according to the value 
of his ecclesiastical benefice. 

XXIII. Neither a town nor any tenant shall be distrained to make bridges or 
banks, unless that anciently and of right they are bound to do it. No river for the 
future shall be imbanked but what was imbanked in the time of King Henry I., our 
grandfather. 

XXIV. No sheriff, constable, coroner, or other our bailiffs, shall hold pleas of 
the crown. 

XXV. All counties, hundreds, wapentakes, and tithings shall stand at the old 
rents, without any increase, except in our demesne manors. 

XXVI. If any one holding of us a lay-fee, dies, and the sheriff or our bailiff 
show our letters patent of summons for debt which the deceased did owe to us, it 
shall be lawful for the sheriff or our bailiff to attach and register the chattels of the 
deceased found upon his lay-fee, to the value of the debt, by the view of lawful men, 
so as nothing be removed until our whole debt be paid; and the rest shall be left to 
the executors to fulfil the will of the deceased; and if there be nothing due from him 
to us, all the chattels shall remain to the deceased, saving to his wife and children 
their reasonable shares. 

XXVII. If any freeman dies intestate, his chattels shall be distributed by the 
hands of his nearest relations and friends by view of the church, saving to every 
one his debts, which the deceased owed. 

XXVIII. No constable or bailiff of ours shall take tlie corn or other chattels 
of any man, without instantly paying money for them, unless he can obtain respite 
by the good-will of the seller. 

XXIX. No constable shall distrain any knight to give money for castle-guard, 
if he is willing to perform it in his own person, or by another able man if he cannot 
perform it himself through a reasonable cause. And if we have carried or sent 
him into the army, he shall be excused from castle-guard for the time he shall be 
in the army at our command. 

XXX. No sheriff or bailiff of ours or any other person shall take the horses 
or carts of any freeman to perform carriages, without the assent of the said freeman. 

XXXI. Neither we, nor our bailiffs, shall take another man's timber for our 
castles or other uses, without the consent of the owner of the timber. 

XXXII. We will not retain the lands of those who have been convicted of 
felony above one year and one day, and then they shall be given up to the lord of the 
fee. 

XXXIII. All kydells for the future shall be removed out of the Thames, the 
Medway, and throughout all England, except upon the sea-coast. 

XXXIV. The writ which is called Praecipe, for the future, shall not be made out 
to any one concerning any tenement by which any freeman may lose his court. 

XXXV. There shall be one measure of wine and one of ale through our whole 
realm; and one measure of corn, viz., the London quarter; also one breadth of dyed 
cloth and of russets, and of halberjects, viz., two ells within the lists. It shall be 
the same with weights as with measures. 



Magna Charta 416 Magna Charta 



XXXVI. Nothing shall be given or taken for the future for the writ of inqui- 
sition of Ufe or limb, but it shall be granted freely, and not denied. 

XXXVII. If any one hold of us by fee-farm, or socage, or burgage, and holds 
lands of another by military service, we shall not have the custody of the heir, or 
of his land, which is held of the fee of another, through that fee-farm, or socage, 
or burgage; nor will we have the wardship of the fee-farm, socage, or burgage, 
unless the fee-farm is bound to perform knight's service to us. We will not have 
the custody of an heir, nor of any land which he holds of another by military service, 
by reason of any petit-sergeantry he holds of us, as by the service of paying a knife, 
an arrow, or such like. 

XXXVIII. No baiUff from henceforth shall put any man to his law upon his 
own saying, without credible witnesses to prove it. 

XXXIX. No freeman shall be taken, or imprisoned, or disseized, or outlawed, 
or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon 
him, unless by the lawful judgment of his peers, or by the law of the land. 

XL. We will sell to no man, we will not deny to any man, either justice or right. 

XLI. All merchants shall have safe and secure conduct, to go out of, and to 
come into England, and to stay there, and to pass as well by land as by water, for 
buying and selling by the ancient and allowed customs, without any evil tolls; except 
in time of war, or when they are of any nation at war with us. And if there be found 
any such in our land in the beginning of the war, they shall be attached, without 
damage to their bodies or goods, until it be known unto us or our chief justiciary 
how our merchants be treated in the country at war with us; and if ours be safe 
there, the others shall be safe in our dominions. 

XLII. It shall be lawful for the time to come for any one to go out of our king- 
dom, and return, safely and securely, by land or by water, saving his allegiance to 
us; unless in time of war, by some short space, for the common benefit of the realm, 
except prisoners and outlaws, according to the law of the land, and people in war 
with us, and merchants who shall be in such condition as is above mentioned. 

XLIII. If any man hold of any escheat, as of the honour of Wallingford, Not- 
tingham, Boulogne, Lancaster, or of other escheats which are in our hands, and are 
baronies, and shall die, his heir shall give no other relief, and perform no other 
, service to us, than he should have done to the baron if it had been in the hands of 
the baron; and we will hold it in the same manner that the baron held it. 

XLIV. Men who dwell without the forest shall not come, for the future, before 
our justiciary of the forest on a common summons, unless they be parties in a plea, 
or sureties for some person who is attached for something concerning the forest. 

XLV. We will not make any justiciaries, constables, sheriffs, or bailiffs, but 
from those who understand the law of the realm, and are well-disposed to observe it. 

XL VI. All barons who have founded abbeys, which they hold by charters of 
the kings of" England, or by ancient tenure, shall have the custody of them when 
they become vacant, as they ought to have. 

XLVII. All forests which have been made in our time, shall be immediately 
disforested; and the same shall be done with water banks which have been made 
in our time. 

XLVIII. All evil customs connected with forests and warrens, foresters and 
warreners, sheriffs and their officers, water-banks and their keepers, shall at once 
be inquired into in each county by twelve sworn knights of the county who shall 
be chosen by creditable men of the same county; and within forty days after the 
inquiry is made, they shall be utterly abolished by them, never to be restored; 
provided notice be given to us before it is done, or to our justiciary, if we are not in 
England. 

XLIX. We will at once give up all hostages and writings that have been given 
to us by our EngMsh subjects, as securities for their keeping the peace, and faithfully 
performing their services to us. 



Magna Charta 417 Magna Charta 



L. We will remove absolutely from their bailiwicks the relations of Gerard de 
Athyes, that henceforth they shall have no baiUwick in England; we will also 
remove Engelard de Cygony, Andrew, Peter, and Gyon from the Chancery; Gyon de 
Cygony, GeofTrey de Martyn, and his brothers; PhiUp Mark, and his brothers; 
his nephew, GeoiTrey, and all their followers. 

LI. As soon as peace is restored we will send out of the kingdom all foreign 
soldiers, crossbow-men, and stipendiaries, who are common with horses and arms, to 
the injury of our people. 

LII. If any one has been dispossessed or deprived by us, without the legal judg- 
ment of his peers, of his lands, castles, liberties, or right, we will forthwith restore 
them to him; and if any dispute arise upon this head, let the matter be decided 
by the five-and-twenty barons hereafter mentioned, for the preservation of the 
peace. As for all those things-, for which any person has, without the legal judgment 
of his peers, been dispossessed or deprived, either by King Henry our father, or our 
brother King Richard, and which we have in our hands, or are possessed by others, 
and we are bound to warrant and make good, we shall have a respite till the term 
usually allowed the crusaders; excepting those things about which there is a plea 
depending, or whereof an inquest hath been made, by our order, before we undertook 
the crusade, but when we return from our pilgrimage, or if perchance we stay at 
home and do not make the pilgrimage, we will immediately cause full justice to be 
administered therein. 

LIII. The same respite we shall have, and in the same manner, about admin- 
istering justice, disafforesting or continuing the forests, which Henry our father and 
our brother Richard have afforested; and for the wardship of the lands which are 
in another's fee in the same manner as we have hitherto enjoyed those wardships, 
by reason of a fee held of us by knight's service; and for the abbeys founded in any 
other fee than our own, in which the lord of the fee says he has right; and when we 
return from our pilgrimage, or if we stay at home and do not make the pilgrimage 
we will immediately do full justice to all the complainants in this behalf. 

LIV. No man shall be taken or imprisoned upon the accusation of a woman, 
for the death of any other than her husband. 

LV. All unjust and illegal fines made by us, and all amerciaments that have 
been imposed unjustly, or contrary to the law of the land, shall be remitted, or left 
to the decision of the five-and-twenty barons of whom mention is made below for 
the security of the peace, or the majority of them, together with the aforesaid Stephen 
archbishop of Canterbury, if he can be present, and others whom he may think 
fit to bring with him; and if he cannot be present, the business shall proceed not- 
withstanding without him; but so, that if one or more of the aforesaid five-and- 
twenty barons be plaintififs in the same cause, they must be removed from this par- 
ticular trial, and others be chosen instead of them out of the said five-and-twenty, 
and sworn by the rest to decide the matter. 

LVI. If we have disseized or dispossessed the Welsh of their lands, or other 
things, without the legal judgment of their peers, in England or in Wales, they shall 
be at once restored to them; and if a dispute shall arise about it, the matter shall 
be determined in the marches by the verdict of their peers; for tenements in Eng- 
land, according to the law of England; for tenements in Wales, according to the 
law of Wales; for tenements in the marches, according to the law of the marches. 
The Welsh shall do the same to us and our subjects. 

LVII. As for all those things of which any Welshman hath been disseized or 
deprived, without the legal judgment of his peers, by King Henry our father, or King 
Richard our brother, and which we have in our hands, or others hold witll our 
warranty, we shall have respite, till the time usually allowed the crusaders, except 
those concerning which a suit is depending, or an inquisition has been taken by 
our order before undertaking the crusade. But when we return from our pilgrimage, 



Magna Charta 418 Magna Charta 



or if we remain at home without performing the pilgrimage, we shall forthwith do 
them full justice, therein, according to the laws of Wales, and the parts. 

LVIII. We will, without delay, dismiss the son of Llewellin, and all the Welsh 
hostages, and release them from the engagements they have entered into with us 
for the preservation of the peace. 

LIX. We will treat with Alexander, King of Scots, concerning the restoring 

■ his sisters and hostages, and his right and liberties, in the same form and manner 

as we shall do to the rest of our barons of England; unless by the charters which 

we have from his father, William, late King of Scots, it ought to be otherwise; 

and this shall be left to the determination of the peers in our court. 

LX. All the aforesaid customs and liberties, which we have granted to be holden 
in our kingdom, as much as it belongs to us, towards our people of our kingdom, 
both clergy and laity shall observe, as far as they are concerend, towards their de- 
pendents. 

LXI. And whereas for the honour of God and the amendment of our kingdom, 
and for the better quieting the- strife that has arisen between us and our barons, we 
have granted all these things aforesaid; willing to render them firm and lasting, we 
do give and grant our subjects the underwritten security, namely, that the barons 
may choose five-and-twenty barons of the kingdom whom they think convenient, 
who shall take care, with all their might, to hold and observe, and cause to be ob- 
served, the peace and liberties we have granted them, and by this our present charter 
confirmed; so that if we, our justiciary, our bailiffs, or any of our officers, shall in 
any circumstance fail in the performance of them towards any person, or shall break 
through any of these articles of peace and security, and the offence be notified to 
four barons chosen out of the five-and-twenty above mentioned, the said four barons 
shall repair to us, or our justiciary, if we are out of the kingdom, and laying open 
the grievance shall petition to have it redressed without delay; and if it not be 
redressed by us, or if we should chance to be out of the kingdom, if it should not be 
redressed by our justiciary witliin forty days, reckoning from the time it has been 
notified to us, or our justiciary (if we should be out of the kingdom), the four barons 
aforesaid shall lay the cause before the rest of the five-and-twenty barons; and 
the said five-and-twenty barons, together with the community of the whole kingdom, 
shall distrain and distress us in all possible ways, by seizing our castles, lands, pos- 
sessions, and in any other manner they can, till the grievance is redressed according 
to their pleasure; saving harmless our own person, and the persons of our queen and 
children; and when it is redressed they shall obey us as before. And any person 
whatsoever in the kingdom may swear that he will obey the orders of the five-and- 
twenty barons aforesaid, in the execution of the premises, and will distress us jointly 
with them, to the utmost of his power, and we will give public and free liberty to 
any one that shall please to swear to this, and never will hinder any person from 
taking the same oath. 

LXII. As to all those of our people who of their own accord will not swear to 
the five-and-twenty barons, to join them in distressing and harassing us, we will issue 
orders to compel them to swear as aforesaid. And if any one of the five-and-twenty 
barons die, or remove out of the land, or in any way shall be hindered from executing 
the things aforesaid, the rest of the five-and-twenty barons shall elect another in 
his place, at their own free will, who shall be sworn in the same manner as the rest. 
But in all these things which are appointed to be done by these five-and-twenty 
barons, if it happens that the whole number have been present, and have differed 
in their opinions about anything, or if some of those summoned would not or could 
not be present, that which the majority of those present shall have resolved will be 
held to be as firm and valid, as if all the five-and-twenty had agreed. And the afore- 
said five-and-twenty shall swear that they will faithfullj^ observe, and, to the utmost 
of their power, cause to be observed, all the things mentioned above. And we will 
procure nothing from any one by ourselves, or by another, by which any of these 



Maine 419 Maine 

concessions and liberties may be revoked or lessened. And if any such thing be 
obtained, let it be void and null; and we will neither use it by ourselves nor by 
another. And all the ill-will, indignations, and rancors, that have risen between 
us and our people, clergy and laity, from the first breaking out of the discord, we do 
fully remit and forgive; in addition all transgressions occasioned by the said discord 
from Easter, in the sixteenth year of our reign, till the restoration of peace and 
tranquiUity, we do fully remit to all, both clergy and laity, and as far as lies in our 
power, forgive. Moreover, we have caused to be made [to them letters patent 
testimonial of my lord Stephen archbishop of Canterbury, ray lord Henry archbishop 
of Dubhn, and the bishops aforesaid, as also of Master Pandulph, for the security 
and concessions aforesaid. 

LXIII. Wherefore we will and firmly enjoin that the Church of England be 
free, and that all men in our kingdom have and hold all the aforesaid liberties, rights, 
and concessions truly and peaceably, freely and quietly, fully and wholly to them- 
selves and their heirs, of us and our heirs, in all things and places, forever, as is 
aforesaid. It is also sworn, as well on our part as on the part of the barons, that all 
the things aforesaid shall be observed bona fide and without evil subtlety. Given 
under our hand, in the presence of the witnesses above named and many others, in 
the meadow called Runnymede, between Windsor and Staines, the fifteenth day of 
June in the seventeenth year of our reign. 

Maine. The first settlements in Maine were made in 1604, 
1607, 1608 and 1623. These were not permanent. The first 
which endured was made by the EngUsh at Pemaqiiid in 1625, 
thus placing the territory under the 
sovereignty of the English Crown. 
However, the French King had given 
it, in 1603, to DeMonts. It had already 
been passed by grant of James I of 
England in 1606 to the strong Plymouth 
Company, practically determining for 
all future time the political status of 
this part of New England. By 1660 

'■ . STATE SEAL OF MAINE. 

Maine had secured possession of nearly 

all of this section, and in 1677 still larger accessions were secured 
by this province. During the Revolutionary War it was held 
by Massachusetts as the District of Maine, but in 1783 steps 
were taken towards independent existence. Maine became a 
State of the Union on March 15th, 1820. 

Government. The present Constitution was adopted in 
October, 1819, previous to the admission of Maine as the 
twenty-third State of the Union. The Constitution may be 
amended by two-thirds' vote of each House of the Legislature, 
provided the majority of the voters sanction the proposition at 




Major 420 Majority 

the next regular election. All male citizens of the United 
States, if able to read English, may vote at all elections in 
Maine, provided they have lived in the State three months. 
The Legislature is composed of a Senate of 31 members, and a 
House of Representatives of 151 members, all elected for two 
years. The Legislature meets biennially, and members receive 
$150 salary per annum. The Executive authority is vested 
in a Governor, who is chosen by vote for two years, and an 
Advisory Council of seven members, chosen by joint ballot of 
the Legislature. There is, also, a Secretary of State, a Treas- 
urer and an Attorney-General, all chosen by the Legislature. 
The Supreme Court is composed of eight Justices, each appointed 
for seven years by the Governor and the Council. Each county 
has probate and insolvency courts, and Justices of the Peace. 
The cities have municipal courts, with Judges appointed for 
four years. The townships throughout the state are governed 
by the town meetings. 

Major, an officer of the United States army, in rank between 
Lieutenant-Colonel and Captain. He is the lowest officer in a 
regiment, his grade corresponding to that of Lieutenant- 
Commander in the navy. The salary of a Major is from $2,500 
to $3,500 per year, according to length of service. Each 
regiment of United States infantry and cavalry has three 
Majors, one in command of each infantry batallion or cavalry 
squadron. See Comparative Rank in Army and Navy. 

Major=QeneraI, an officer of the United States army, third 
in point of rank, grading between Lieutenant-General and 
Brigadier-General. When there are no incumbents of the 
offices of General and Lieutenant-General, and this is usually 
the case, the Major-Generals are the highest officers of the 
army. They rank each other only in point of seniority in 
service. The Major-General ranks with the Rear-Admiral of 
the navy. His salary is $7,500 per year. An officer of this 
rank is eligible to the command of an army. See Comparative 
Rank in Army and Navy. 

Majority. The word majority means more than half. As 
applied to votes in any deliberative body or at any election, 



Malfeasance 421 Marine Corps 

one more than one-half of all votes cast is a majority. It is 
thus opposed to plurality, in that a plurality means simply an 
excess of votes for one man or measure over the votes received 
by any other man or any other measure. In almost every 
Legislative assembly, a majority of the members belonging to 
that body constitute a quorum [q. v.] to do business. See 
Plurality. 

Malfeasance is the commission of an act that is evil or 
wrongful. See Misfeasance; Nonfeasance. 

Mandamus. A mandamus is a legal writ issued by a court 
of superior jurisdiction, directed to a court of inferior jurisdic- 
tion or any public officer, corporation or public body, com- 
manding the party or parties named therein to do some act 
connected with their official duties. A writ of mandamus is 
resorted to only when there is no lesser adequate remedy. 
Examples of the use of a writ of mandamus may be cited as 
follows : 

It may be invoked to compel corporations to permit stockholders to 
examine its books. 

To compel a railroad company to tear up tracks laid outside of its 
right of way. 

To compel a public officer to perform certain acts in line with his 
sworn duty, but which his inclination prompts him to overlook. 

One who disobeys the order of a writ of mandamus may be 
declared guilty of contempt of court. See Contempt of 
Court. 

Manslaughter. The wrongful killing of a man without 
malice, either expressed or implied, is manslaughter. The 
commission of an act of manslaughter may be voluntary, as 
in a sudden passion, or involuntary, as the result of criminal 
carelessness, or as an incident in the commission of some wrong- 
ful act. In the category of crime, manslaughter ranks below 
the various degrees of murder. See Homicide; Murder. 

Marine Corps. The Marine Corps is a division of the 
United States navy, composed of soldiers, under command of 
a Brigadier-General; they are placed aboard the various war 
vessels, from one hundred to three hundred to each of the 
larger vessels. They form the fighting force of the navy, wear 



Maritime -Law and Jurisdiction 422 Marque and Reprisal 

the uniform of the navy rather than that of the army, and are 
under the direction of the Navy Department. The pay of 
officers and men of the Marine Corps is the same as that in like 
grades of service in the regular army. 

Maritime Law and Jurisdiction. The United States courts 
are given by the Constitution complete jurisdiction over all 
the navigable waters of the country, over seaboards as far as 
three miles from shore, and over United States vessels and sea- 
men on any ocean. This jurisdiction extends to both civil and 
criminal administration of Federal laws. The trial of a case 
under our admiralty laws differs little, if any, from any other 
court proceeding. Ships or owners are liable for damages 
resulting from negligence of their sailing masters. The ship 
captain has absolute sovereignty or authority over all on board 
a vessel. To suppress mutiny he may put any participant to 
death, or may place offenders in irons. Navigation laws are 
made by Congress to conform as nearly as possible to the 
practically uniform legislation of other nations, so there may 
be no deviation in the general character of the world's maritime 
statutes. 

Marque and Reprisal, Letters of. The word marque 
means land-mark, or boundary; a letter of marque therefore 
is a commission in writing, issued by the National Government 
to a private person, giving him authority to pass beyond the 
three-mile international boundary, and on the high seas capture 
the persons or property of subjects or citizens of another nation 
that have inflicted injury upon his country. Reprisal means 
re-taking, and the word indicates the purpose for which a letter 
of marque and reprisal is issued. A vessel whose commander 
bears a letter of marque and reprisal is called a privateer. 
International law recognizes the right of a nation to adopt this 
mode of obtaining redress from any offending country. It 
has been resorted to particularly in those nations having but 
a small navy. For the last fifty years, however, the great 
nations of Europe have very generally agreed among themselves 
to abolish privateering. The United States was never a party 
to any understanding of this nature, but in the war with Spain 



Marshal 423 . Massachusetts 

in 1898, privateering was not allowed; unless a great emergency 
should arise in the future, doubtless a letter of marque and 
reprisal will never again be issued by this Government. 

Marshal, United States, the Executive officer of the United 
States District and Circuit Courts. He is appointed by the 
President, and the appointment is confirmed by the Senate; 
the term of office is four years. The duties of a United States 
Marshal are similar to those of the Sheriff [q. v.] in the system 
of State courts. 

Mason and Slidell. Two ambassadors of the Southern 
Confederacy, named Mason and Slidell, were sent to England to 
open negotiations with Great Britain, intending later to appeal 
also to France, for recognition of the Confederacy as a belligerent 
[q. v.] power. The English vessel, the "Trent," on which they 
were sailing, was stopped on the high seas by a Federal warship ; 
Mason and Slidell were forcibly taken prisoners and carried to 
Washington. This act was a serious affront to England, whose 
Government promptly made representations which would have 
ended in a declaration of war had President Lincoln not made 
immediate and suitable apology, at the same time releasing the 
prisoners. We had fought a war largely to enforce the principle 
that no nation could claim the "fight of search," and it was 
utterly inconsistent, after our successful struggle to end the 
custom, for a war vessel of the United States to adopt the policy, 
even in an extreme case. The "Trent affair," so-called, served 
one good purpose, however. Even though defeated in the War 
of 1812, England had never officially abandoned her claim to 
the right of search ; here was an instance in which that country 
had to renounce the principle before it could present a case 
against the United States. 

Massachusetts. Colonial New England, of which Massa- 
chusetts was the leading member, had a most important part 
in shaping the future government of the United States. The 
history of this State begins with the landing of the Pil- 
grims at Plymouth Rock, in 1620. They were deeply reli- 
gious and impressed their doctrine so firmly upon the 
colonies of the north that their influence exists to the present 



Massachusetts 



424 



Massachusetts 




STATE SEAL OF MASSACHUSETTS. 



day. The second colony was begun in 1626, with the found- 
ing of Salem. In 1629 a charter was granted to the "Governor 
and Company of the Massachusetts Bay of New England." The 
year following fully one thousand Puritans joined the colony, 
and after that the growth was rapid. Boston was founded 
in 1630, and has always been the capital. The charter, above 
referred to, authorized the freemen to make laws without 
restriction, except that they must be in harmony with the 
laws of the English Parliament. They were to elect, annually, 
a Governor, a Deputy-Governor and 
Associates. Only church members 
were allowed to vote. A detail account 
of colonial history, which can be secur- 
ed from any good text-book, will be 
very instructive to the student of 
American Government. In 1774 a 
State Government was organized, and 
in 1780 a Constitution was adopted, 
which is yet effective, although it has 
been several times amended. In 1788 the State ratified the 
new Constitution of the United States. 

Government. The Constitution may be amended by 
majority vote of the State Senate and two-thirds' vote of the 
House of Representatives, at two consecutive sessions of the 
Legislature, which is here called the General Court. All male 
citizens of the United States may vote, if they have been in the 
State one year, and in the township or district six months, 
provided they are able to read English and write their names. 
The General Court, or Legislature, consists of a Senate of 40 
members, and a House of Representatives of 240 members, all 
elected for the term of one year. Regular sessions are held 
annually, but the Governor may call special sessions when he 
deems it necessary. The State officers are the Governor, 
Lieutenant-Governor, Secretary of the Commonweal th,Treasurer, 
Auditor, Adjutant-General, Attorney-General and Commissioner 
of Insurance, all chosen by vote every year. A Council of eight 
members, chosen yearly, sits as a Board of Advisors to the 



Maximilian 425 Mayor 

Governor. The Judicial authority is vested in a Supreme 
Court of seven members, and a Circuit Court of sixteen mem- 
bers, all appointed by the Governor, and holding office during 
good behavior. The chief Executive also appoints Judges for 
each county. 

Maximilian. Possibly the most conspicuous instance of 
the enforcement of the Monroe Doctrine [q. v.] was our protest 
to France at the time the emperor, Napoleon III, sent troops 
across the Atlantic to enforce certain claims against Mexico, 
which promised to result in the subjugation of that country. 
It was undoubtedly Napoleon's opinion that the Civil War, then 
in progress, would enlist the attention of the United States 
to the extent that no strong objection would be made to opera- 
tions in the Southwest. French troops entered the capital 
City of Mexico, and forced the Government into retreat and 
temporary exile. Napoleon asked Maximilian, an Austrian 
arch-duke, to accept the throne of Mexico, which he did. After 
our war was over, the Government of the United States made 
such strong representations to France, basing its position on 
the well-known provisions of the Monroe Doctrine, that French 
troops were withdrawn, leaving Maximilian to protect his newly- 
acquired throne unaided by the power which had exalted him. 
The Mexicans rose ' to their opportunity and captured the 
new Emperor; he was condemned to death and shot, on June 
19, 1867. See Monroe Doctrine. 

Mayor, the chief Executive officer of a city, town or village, 
although in some States the head of a village Government is 
called President. The Mayor is always elected by direct vote 
of the people, with a term of office varying from one to four 
years, and he is eligible to re-election. In about one-half of 
the States he may be removed from office for cause, by the 
Governor. The powers and duties of this officer are prescribed 
in the charter of the municipality. In some cities he does 
little except to execute the laws or ordinances, to preside over 
the sessions of the city council, or board of aldermen, and to 
vote in case of a tie. In other localities he is given the appoint- 
ment of subordinate officials, including heads of departments, 



Martial Law 426 Martial Law 

and often the law vests in him the power to appoint members 
of the school board. Some States give the Mayor the authority 
to perform the marriage ceremony, and usually in the same 
instances, limited powers of a magistrate. 

A few cities, notably Galveston, Pittsburgh and Des 
Moines, have no mayors or heads of departments, as such, but 
are governed by a board of commissioners of from three to seven 
members, chosen by general election. 

Martial Law is another term for temporary military govern- 
ment, which by proclamation of the Executive may displace 
civil authority in any community when civil officers are unable 
to cope with disturbances which threaten the peace and security 
of the people. There is no provision in the Constitution of the 
United States for martial law, but sentiment has crystallized 
custom into law. The military, whether a regiment of the 
regular army or a company of militia, is looked upon as the 
natural defense of citizenship; when uprisings threaten the 
temporary ascendency of law and order, an appeal to the 
Government, as personified in its soldiers, is natural. When 
martial law is declared, civil authority ends, for the time, 
except that the soldiers called to the scene are under orders of 
the Executive. 

If a Mayor of a city cannot quell a disturbance with his 
force of police officers, he calls upon the Sheriff of the county, 
who may swear in hundreds of citizens as deputies, if he so 
desires. If the trouble assumes proportions which threaten 
his authority, he may call upon the Governor for companies of 
militia. In infrequent cases, like a great railroad strike, the 
State militia may prove powerless, in which case the Governor 
may appeal to the President for United States troops. Upon the 
arrival of the military, martial law is declared in force. Under 
operation the usual procedure of the courts and the ordinary 
guarantees of personal liberty and security are suspended, in 
place of which rise the arbitrary and repressive methods of the 
military arm of the Government. By suspension of the usual 
procedure of the x3ourts is meant their jurisdiction over deeds 
of violence enacted against the institution of martial law. 



Maryland 



427 



Maryland 



m 




STATE SEAL OF MARYLAND. 



The military punishes transgressions of military law in its own 
membership, usually with severity. 

Maryland. The early government of Maryland was pro- 
prietary. The grant of what is now this State was made in 
1623 by Charles I to the first Lord Baltimore, a member of both 
the London and Plymouth companies. The purpose of the 
new proprietor was to provide a place where Catholics could 
live without religious persecution. The terms of the charter 
were such that the proprietor was almost independent 
power; a yearly tribute of a nominal 
sum was to be sent to the King. The 
first settlement was made in 1634, and 
the colony was prosperous from its 
inception. More than one-half century 
of dispute over the Pennsylvania 
boundary line was settled by the famous 
survey known as the Mason & Dixon 
Line, in 1767. In 1776 a Constitution 
was adopted for Maryland, and in 1781 
it became a member of the Confederation. 

Government. The first Constitution was amended in 1810 
and 1847. The last Constitution, which is the fourth, was 
adopted in 1867. It may be amended by two-thirds' vote of 
the Senate and House of Representatives, if ratified by the 
majority of the voters of the State. Once every twenty years 
the question of holding a Constitutional convention is sub- 
mitted to the people. All male citizens of the United States 
may vote, if they have been one year in the State and six 
months in the county of residence. The Legislature consists 
of a Senate of 26 members, chosen for four years, and a House 
of Delegates of 101 members, chosen for two years. The only 
persons not eligible to membership in the Legislature are 
office-holders and ministers. The Legislature meets every two 
years, and their sessions are limited to 90 days. Special sessions 
convene at the call of the Governor, and are limited to 30 days. 
The pay of members is $5.00 per day, during sessions, with 
usual mileage. The Executive officers are the Governor, chosen 



Mason and Dixon's Line 428 Mecklenburg Declaration 

for four years, and the usual other State officers, who are 
appointed by the Governor, with the approval of the Senate. 
In case of a vacancy in the office of Governor, his successor is 
chosen by the Legislature, if it be in session; otherwise, the 
President of the Senate and Speaker of the House of Delegates 
are in line of succession, and fill the office until the next meeting 
of the Legislature, or until the next election. The Judicial 
authority is vested in Circuit courts, presided over by three 
Judges, chosen by the people for five years. Each of them 
holds sessions of court regularly every year in the counties of 
his circuit. There is a Court of Appeals, and in each county 
there is an Orphan's court; each township has Justices of the 
Peace and Constables. 

Mason and Dixon's Line. Two English surveyors, Charles 
Mason and Jeremiah Dixon, between the years 1763 and 1767, 
surveyed a boundary line between the proprietary colonies of 
Pennsylvania and Maryland, along the parallel of latitude 
39° 43' 26", to settle a long dispute between the Penn and 
Baltimore families, respective claimants. This line became 
afterwards famous as the dividing line between the free and 
slave States before the Civil War, being first referred to, as early 
as the spirited struggle over the Missouri Compromise in Con- 
gress in 1820, as the natural boundary between the two sections. 
The line of division between free and slave territory extended 
westward to the Ohio River, followed that stream to its mouth, 
and there met the southern boundary of Missouri, on the parallel 
of 36° 30' . North of this boundary, with the exception of 
"Missouri, no State could hold slaves, according to the principal 
provision of the Missouri Compromise. 

Mecklenburg Declaration. The representatives of the 
militia of Mecklenburg County, North Carolina, met in the night 
of a certain day of May, 1775, and drafted resolutions which 
declared the people of that county to be free and independent 
of Great Britain. The next year the Declaration of Inde- 
pendence was passed in convention in Philadelphia. Many 
passages in the Mecklenburg Resolutions and in the Declaration 
of Independence were exactly alike. One of two facts has never 



Memorial Day 429 Memorial Day 

been determined — whether the writers of the Declaration 
purposely followed the phraseology of the earlier document, 
or whether the Mecklenburg paper was so well known to the 
framers of the later document that its phrases were used uncon- 
sciously. The Mecklenburg Declaration was destroyed by fire 
in 1800 and written again from memory, for preservation. 
This fact may account in some measure for the present similarity 
in the two documents. The full text of the Declaration is as 
follows: 

I. Resolved, That whosoever directly or indirectly abets, or in any 
way, form, or manner countenances the unchartered and dangerous inva- 
sion of our rights, as claimed by Great Britain, is an enemy to this country, 
to America, and to the inherent and inalienable rights of man. 

II. Resolved, That we do hereby declare ourselves a free and inde- 
pendent people; are, and of right ought to be a sovereign and self-govern- 
ing association, under the control of no power, other than that of our God 
and the general Government of the Congress: To the maintenance of 
which independence we solemnly pledge to each other our mutual co- 
operation, our lives, our fortunes, and our most sacred honor. 

III. Resolved, That as we acknowledge the existence and control 
of no law or legal officer, civil or military, within this country, we do 
hereby ordain and adopt as a rule of life, all, each, and every one of our 
former laws, wherein, nevertheless, the crown of Great Britain never can 
be considered as holding rights, privileges, or authorities therein. 

IV. Resolved, That all, each, and every military officer in this 
county is hereby reinstated in his former command and authority, he 
acting comformably to their regulations, and that every member present 
of this delegation, shall henceforth be a civil officer, viz.: a justice of the 
peace, in the character of a committee man, to issue process, hear and 
determine all matters of controversy, according to said adopted laws, and 
to preserve peace, union, and harmony in said county, to use every exer- 
tion to spread the love of country and fire of freedom throughout America, 
until a more general and organized government be established in this 
province. 

Abraham Alexander, Chairman. 
John McKnitt Alexander, Secretary. 

Memorial Day, the day set apart annually, first by custom 
and later by statute, in most States, North and South, for the 
purpose of honoring the memory of the soldiers who fought in 
the Civil War. Strewing flowers on soldiers' graves was until 
1868 but the sorrowful tribute of grief-stricken families weeping 



Memorial Day 430 Memorial Day 

over their soldier dead, but public sentiment soon endowed 
the custom with the binding force of statute law. The Con- 
federate women deserve the credit for the origin of the idea, 
before the close of the war. Each year in the early spring they 
publicly proclaimed a day for paying a debt of love to those who 
had fallen in their cause. Official recognition was first given 
to Memorial Day in the North, however, in the following "Gen- 
eral Order," issued by tlie Grand Army of the Republic [q. v.]: 

Headquarters Grand Army of the Republic, 
Washington, D. C, May 5, 1868. 
General Orders, 

No. 11. 

I. The 30th day of May, 1868, is designated for the purpose of 
strewing with flowers or otherwise decorating the graves of comrades who 
died in defense of their country during the late rebellion, and whose bodies 
now lie in almost every city, village and hamlet churchyard in the land. 
In this observance no form of ceremony is prescribed, but posts and com- 
rades will in their own way arrange such fitting services and testimonials 
of respect as circumstances may permit. 

We are organized, comrades, as our regulations tell us, for the pur- 
pose, among other things, "of preserving and strengthening those kind 
and fraternal feelings which have bound together the soldiers, sailors and 
marines who united to suppress the late rebellion." What can aid more 
to assure this result than cherishing tenderly the memory of our heroic 
dead, who made their breasts a barricade between our country and its 
foes? Their soldier lives were the reveille of freedom to a race in chains, 
and their death the tatto of rebellious tyranny in arms. We should guard 
their graves with sacred vigilance. All that the consecrated wealth and 
taste of the Nation can add to their adornment and security is but a fitting 
tribute to the memory of her slain defenders. Let no wanton foot tread 
rudely on such hallowed grounds. Let pleasant paths invite the coming 
and going of reverent visitors and fond mourners. Let no vandalism of 
avarice or neglect, no ravages of time, testify to the present or to the com- 
ing generations that we have forgotten as a people the cost of a free and 
undivided Republic. 

If other eyes grow dull and other hands slack and other hearts cold 
in the solemn trust, ours shall keep it well as long as the light and warmth 
of life remain to us. 

Let us, then, at the time appointed gather around their sacred re- 
mains and garland the passionless mounds above them with the choicest 
flowers of Springtime; let us raise above them the dear old flag they saved 
from dishonor; let us, 'fi\ this solemn presence, renew our pledges to aid and 



Mending Fences 431 Merchant Marine 

assist those whom they have left among us a sacred charge upon the 
Nation's gratitude — the soldier's and sailor's widow and orphan. 

II. It is the purpose of the Commander-in-Chief to inaugurate this 
observance with the hope that it will be kept up from year to year, while 
a survivor of the war remains to honor the memory of his departed com- 
rades. 

He earnestly desires the public press to call attention to this order, 
and lend its friendly aid in bringing it to the notice of comrades in all 
parts of the country in time for simultaneous compliance therewith. 

III. Department commanders will use every effort to make this 
order effective. By command of 

John A. Logan, Commander-in-Chief. 
N. P. Chipman, Adjutant-General. 

The first State officially to declare May 30th as Memorial 
Day was New Jersey; the first to make the day a legal holiday 
was New York. The Federal Government has never passed 
a law on the subject, but each year both Houses of Congress, 
when in session, vote to adjourn for the day, "as a mark of 
respect to the memory of the illustrious dead." 

Throughout the North May 30th is officially designated 
as Memorial Day; in the South, May 20th is the date. 

Mending Fences, a phrase used to signify that a politician 
is laying plans and devising schemes to promote his political 
interests. The term originated in 1880, with John Sherman's 
candidacy for the Presidency. While in a field with a relative, 
engaged in laying some rails, a reporter sought Mr. Sherman 
and inquired what he was doing, meaning, of course, in a 
political way. The relative, quick to help the candidate, who 
did not care to talk politics at that stage of the campaign, 
turned to the newspaper man and said, "Why, you can see for 
yourself; he is mending his fences." In politics, "political 
fences" form an important topic of discussion. 

Merchant Marine, the name applied collectively to the 
vessels of a country, under private ownership, engaged in 
carrying the commerce of that country. The United States 
has practically no merchant marine engaged in the foreign 
trade; nearly all our articles of import and export are carried 
under the flags of foreign nations. Conditions in this regard 
are improving, however. Of course, our coastwise trade is 



Message of the President 432 Message of the President 

for the most part carried in American vessels, but these are 
not usually included when the merchant marine is referred to. 

Message of the President. Upon the day that a Congress 
meets for either the long or the short session, the President 
sends to both its branches a letter which is meant to guide the 
Legislative Department in its task of framing needed laws. 
Congress is in session a little less than one-half of each year, and 
in the vacation periods many Congressmen may not follow 
carefully all public developments; also, many of them are new 
in office, unadvised as to matters needing attention. The Presi- 
dent, on the other hand, in the capacity of Chief Executive, is 
expected to keep constantly in touch with all important public 
affairs. He is therefore prepared to report, on the opening day 
of each session, what of interest has occurred during the vacation 
period, and advise what, in his judgment, should be done in the 
matter of new legislation to promote the best interests of the 
country. 

When both Houses of Congress ■ are ready to begin the 
business of a new session, the President is notified of the fact 
by a committee appointed for that purpose. He acknowledges 
the official salutation at once by forwarding by special messen- 
ger to each House a copy of his annual message. The clerks 
of the Senate and House read it out in droning voices, while 
many of the members follow the spoken words by comparison 
with the printed copies which are laid on their desks. The 
Government printing office always has the printing of the 
message, and the greatest care is exercised to prevent its getting 
to the newspapers before being first delivered in Congress. To 
get advance and definite information of the President's recom- 
mendations on many public questions would be worth a great 
deal of money to speculators and promoters. The printers are 
allowed to make only one proof, which is given to the President 
to correct, and these printers are always picked men. They 
are watched closely, and the forms are carefully locked up and 
are always under the eye of the foreman. The Public Printer 
himself set up one or two of President Arthur's messages, but 
for all this precaution, one of Arthur's messages was stolen and 



Metallic Currency 433 Michigan 

published a day before it was delivered to Congress. There 
have been a number of instances of such steals in the past. 
Grant's first message was read by the country a day before 
Congress met, and one of the messages of President Hayes was 
bought for $1,000 of a printer by several newspaper men, and 
was in the hands of their respective newspaper readers long 
before the message had been sent to the Senate. This printer 
had intended to sell the message to the New York Tribune, 
but he got into the Times office there by mistake, and the 
Times correspondent made up a combination which was to 
pay him $1,500 for it. This combination embraced the Cincin- 
nati Enquirer, the Chicago Times, and the New York Times. 
Each was to pay $500. The Chicago Tribune correspondent 
in New York bought an early copy of the Times and retele- 
graphed the message from it to his paper, so that the Chicago 
Tribune had the message at the same time as the Chicago 
Times. This led Editor Storey to refuse to pay his share of 
$500, the printer receiving only $1,000 from the Enquirer and 
New York Times. Since that year no trouble has been experi- 
enced in keeping the contents of the messages secret until their 
delivery to Congress. 

Metallic Currency is "hard" money— gold, silver, nickel, 
and copper; such money is thus contrasted with paper currency, 
or "soft money." 

Michigan. The first settlements in Michigan were at 
Mackinac in 1671 and at Detroit in 1701, by the French. These 
were permanent. Before the settlement of Detroit forts had 
been established at the mouth of the St. Joseph River in 1679, 
and at the head of the St. Clair River in 1686. France held 
this territory until the close of the French and Indian Wars in 
1763, when it was ceded to England. It was a part of Canada 
from 1774 to 1783, when by the treaty closing the Revolu- 
tionary War it came under the ownership of the United States. 
Michigan was a part of the Northwest Territory [q. v.] under 
the Ordinance of 1787 [q. v.]; it was made a Territory of the 
United States in 1805, and was admitted to the Union as the 
twenty-sixth State January 26, 1837. 




Midshipman 434 Mileage 

Government. In 1908 a Constitutional Convention formu- 
lated a new State Constitution to supplant the one adopted in 
1850. There was a provision in it that it should not become 
effective until ratified at a popular election by the majority of 
the votes cast. That election had not been held when this 
book went to press. Under the Constitution in force since 
1850 the Legislature consisted of a Senate of 32 members, and 
a House of Representatives of 100 members, elected for term 
of two years. Sessions were held biennially; members received 
$3.00 per day for actual attendance, 
and mileage. There was no limit to 
the length of any session, although new 
bills could not be introduced into either 
House after the first fifty days. The 
State officers under this Constitution 
were a Governor, Lieutenant-Governor, 
Secretary of State, Treasurer, Auditor, 

Attorney-General, Superintendent of ^tate seal of Michigan. 
Public Instruction, Commissioner of 

State Land Office, elected for two years. The Judicial power 
is vested in a Supreme Court of eight members, elected for eight- 
year terms, one member retiring each year; the member whose 
term first expires is Chief Justice; there is a Circuit Court in 
every county, presided over by a Circuit Judge, whose Circuit 
may comprise one or more counties. He is elected for six years. 
In each county there is also a Probate Court, and each organized 
township may elect four Justices of the Peace, whose term is 
four years. 

Midshipman, formerly the officer of lowest rank on a naval 
vessel, but now a naval cadet. Upon graduation from the 
Naval Academy the cadet becomes, upon promotion, an ensign. 
See Naval Academy. 

Mileage. The United States Government pays Senators 
and Representatives a certain amount for their expenses in 
traveling from their homes to Washington at the beginning of 
each session of Congress and in returning home at the close of 
the session. This amount, called mileage, has been fixed at 



Military Academy 435 Military Academy 

ten cents per mile each way, measured by the nearest and most 
direct route. If a member of Congress lives 1,000 miles distant 
from Washington, his annual mileage fees are $200. Ten cents 
per mile was a reasonable cost for traveling in comparative com- 
fort in the early days of the republic, but it is admittedly too 
much today. Several attempts have been made to reduce 
the rate, but they have so far proved ineffectual. Other 
officers of the Government, when their official duties make 
travel a necessity, are allowed traveling expenses, but this 
cannot be called mileage. 

Courts pay jurymen ten cents per mile for the distance 
traveled in both directions in attendance upon the term of 
court for which they are drawn — five cents per mile for the 
distance to court at the opening of the term, and a like amount 
for return to their homes upon discharge from service. 

Military Academy. At West Point, on the Hudson River, 
a few miles north of the City of New York, the United States 
Government maintains a school for the practical training of 
cadets for the military service of the country. Upon completion 
of the prescribed course of study, covering four years' work, the 
graduate cadet is eligible to a commission as Second-Lieutenant 
in the regular army, and appointments are made as fast as 
vacancies occur. The Military Academy is under direct control 
of the War Department; its chief executive is an officer of the 
army, generally a Colonel, who is given the title of Superinten- 
dent; he usually serves until under army regulations he is en- 
titled to promotion to higher rank or until he retires to private 
life under age limitation, at sixty-two years. 

The school was first organized in 1802, although General 
Washington had first urged such an institution in 1783. It has 
been reorganized several times in its history; the last marked 
changes were effected by an act of Congress of 1903. By this 
law the corps of cadets composing the student body is recruited 
as follows: The President of the United States is authorized 
to appoint one cadet from each Congressional District, one from 
each Territory, one from the District of Columbia, one from 
Porto Rico, two from each State at large, and forty from the 



Military Education 436 Military Education 

United States at large. With the exception of the forty last 
mentioned, each cadet must be a resident of the District, Ter- 
ritory or State, as the case may be, from which he is appointed, 
and must be between seventeen and twenty-two years of age. 
Under this act, the maximum number of cadets enrolled may 
be 522. 

Candidates for appointment are often given physical and 
mental examinations to determine their fitness and promise of 
future usefulness; this method is employed to settle rivalries 
for the coveted positions; in such cases the President never 
appoints a young man who falls below the requirements. Ex- 
aminations are held and appointments are made only when 
vacancies occur in the representation of any District, Territory 
or State, or when the representation at large is not at maximum. 
Appointments from Congressional Districts are recommended 
to the President by the Congressmen from those Districts, and 
the two appointments from the State at large by the Senators 
from the State. The forty members from the country at large 
are the personal choice of the President. Applicants may 
address their Senators or Representatives in Congress for full 
particulars concerning appointments. 

Military Education. The War Department prescribes the 
regulations governing the military education of our army 
officers and enlisted men. There are six regular or special- 
service schools, as follows: 

(1) The Military Academy at West Point, for the educa- 
tion of cadets. See Military Academy. 

(2) Schools at each army post for the training of enlisted 
men. 

(3) At each army post a garrison school for the instruction 
of officers in matters pertaining to their prescribed duties. 

(4) Special-service schools, names and locations as stated: 
Artillery School, Ft. Monroe; Engineer School, Washington 
Barracks; School of Submarine Defense, Ft. Totten, N. Y.; 
School for Cavalry and Field Artillery, Ft. Riley, Kansas; 
Army Medical School, Washington; Signal Service School, Ft. 
Leavenworth; Infantry and Cavalry School, Ft. Leavenworth. 



Military Posts 437 Militia 

(5) The Staff College, Ft. Leavenworth, for the instruction 
of specially selected officers in the duties of general officers in 
time of war, also for the investigation of military inventions 
and discoveries. 

(6) The Army War College, at Washington, founded to 
make practical application of military knowledge. Its students 
are selected by the War Department from among the most 
capable and best qualified Captains and Majors in the service. 
See Army War College. 

In times of peace it is evident that the army establishment 
is a vast school, instruction being continually imparted, in 
addition to regular drills, marches, and the usual routine of the 
service. 

Military Posts. For a list of forts and posts now occupied 
by United States troops within the various States, see Fort. 

Militia. Those citizens of the United States between the 
ages of eighteen and forty-five years, who are enrolled and 
drilled in military organizations other than the regular military 
forces (the United States army), are collectively called the 
militia. In the strictest sense, every able-bodied male citizen 
outside of the regular army is a militiaman, as he is subject to 
call for service in times of public danger. 

Every nation must have a strong arm of defense; either 
it must maintain a large standing army, at vast expense, or it 
must possess in its body of citizens the elements out of which 
large bodies of troops can be quickly formed. There are many 
reasons why the former plan is not acceptable to republican 
institutions. Accordingly, we maintain t>nly a very small 
standing army, but nearly every State supports its State 
militia, and these local military companies form the nucleus of 
a great army which could respond speedily to the call of the 
President for soldiers in any worthy cause. The Constitution 
gives the President power to call out the militia when in his 
judgment it seems necessary. He does this, when a large force 
is needed, by applying to the Governor of each of the States 
for his proportion of the whole number desired; the Governors 
in turn issue a call to their militia companies, and all companies 



Minister Plenipotentiary 438 Minnesota 

called must respond promptly. When in the service of the 
United States, the militia receive the pay of United States 
soldiers. , 

Only three times has the President called upon the militia 
for Federal service — in the Whisky Rebellion, in the War of 
1812, and in the Civil War. In a great number of cases the 
Governors of States have called the militia to support local 
county and city authorities in the enforcement of law and 
order. See Army of the United States; Martial Law. 

Minister" Plenipotentiary, a diplomatic representative, 
ranking below Ambassador and above Minister Resident. By 
authority of Congress, the full title of our representatives of 
this rank accredited to foreign Governments is Envoy Extraor- 
dinary and Minister Plenipotentiary. The salary paid 
ranges from $7,000 to $12,000 per year; appointment is by the 
President, for a term of four years, subject to approval by the 
Senate. There are about thirty representatives of the United 
States, bearing this rank. Until 1893 there was no higher 
rank in our diplomatic representation than Minister Pleni- 
potentiary; in that year the office of Ambassador was created 
and the posts at London, Paris, Berlin and St. Petersburg were 
raised to that rank, in return for corresponding raise in rank 
of the representatives of Great Britain, France, Germany and 
Russia accredited to Washington. See Diplomatic Service; 
Ambassador. 

Minister Resident, a diplomatic representative, in rank 
below Envoy Extraordinary and Minister Plenipotentiary, 
although the dutieg are, in general, the same. The former 
are not accredited to nations as important as those to which 
Ministers Plenipotentiary are sent. The salary ranges from 
$3,000 to $8,000. See Diplomatic Service. 

Minnesota. The first settlement in the present State of 
Minnesota was in 1678, at Duluth, by a Frenchman of the 
same name. Two years later Father Hennepin discovered the 
Falls of St. Anthony, which he named. Soon trading posts 
were thickly scattered throughout the territory. The land 
here was first claimed by the French because of these 




Minnesota 439 Minnesota 

explorations, but in 1763 France ceded it to England, who in 
turn transferred it to the United States in 1783. That part of 
Minnesota west of the Mississippi River was not included in 
this transfer, but was a part of the Louisiana Purchase of 
1803. That part of the State east of the Mississippi River 
was in turn a part of the Northwest Territory and of the 
Territories of Indiana, Illinois, Michigan and Wisconsin, 
while that part west of the Mississippi practically belonged to 
Louisiana, Missouri, Michigan and Iowa. In 1849 Congress 
organized the Territory of Minnesota, 
and on March 11th, 1858, it was admit- 
ted as the thirty-second State of the 
Union. 

Government. This State has had 
but one Constitution; it was adopted 
in 1857, and immediately thereafter 
steps were taken toward admission to 
the Union. The Constitution may state seal of Minnesota. 

be amended by majority vote of each House of the 
Legislature, with subsequent ratification by the voters of the 
State. Any male citizen of the United States may vote who 
has resided in the State six months and in his election district 
thirty days. Women are allowed to vote at school elections 
and for library trustees. The Legislative Department is com- 
posed of a Senate of 63 members, chosen for four years, and a 
House of Representatives of 119 members, chosen for two 
years by popular vote. The Legislature meets every two years. 
Sessions are limited to 90 days, and members receive $5 per 
day while in attendance, and mileage. The State officers are 
the Governor, Lieutenant-Governor, Secretary of State, Treas- 
urer and Attorney-General, elected every two years, and the 
Auditor-General, whose term is four years. The Judicial 
authority is vested in a Supreme Court, limited to five Justices 
elected by the people for terms of six years each. There are, 
also. District courts, each presided ever by a Judge who is 
elected for six years. In every county there is a Probate 
Judge, whose term is two years, and each township has Justices 



Minor 440 Mint 

of the Peace, each chosen for two years. All officers are 
eligible to re-election. 

Minor. A person under legal age is called an infant, or 
minor. See Infant. 

Minority Representation. In all Legislative bodies the 
greater part of the work of promoting legislation is done in 
committees, of which there are always as many as there are 
important interests demanding attention. The political party 
having the greater number of members dominates each com- 
mittee — by right, for that party is responsible for all legislation 
enacted and for all failures to respond to popular will in the 
enactment of laws. Responsibility cannot be fastened upon 
it, however, if the law-making machinery is partly in politically 
hostile hands. If such a body as the House of Representatives 
is composed of 190 Republicans and 180 Democrats, the Repub- 
lican majority would be very small, and a large majority on 
each committee would be so unfair that bitter feeling would be 
manifested; on a committee of fifteen members, therefore, 
there would be, under such conditions, probably eight Repub- 
licans and seven Democrats. If the Republican majority were 
from fifty to one hundred, instead of ten, a committee of fifteen 
members might contain from ten to twelve Republicans and 
from three to five Democrats. The minority accepts without 
question such a percentage of committee assignments as its 
whole strength bears to the total membership. See Committees 
OF Congress; Organization of Congress. 

Mint. A place where the coin of a country is manufactured, 
and from which it is issued by Government authority, is called 
a mint. The first mint in the United States was established 
at Philadelphia, in 1792, that city having been chosen because 
Congress was in session there at the time. Eight years later 
the capital was permanently removed to the new City of Wash- 
ington, but the new mint was left undisturbed in the earlier 
capital. It remains there today, and this Philadelphia mint 
is the principal one in the country. Four others have since 
been established, at New Orleans, San Francisco, Carson 
(Nev.), and Denver. There has been no money coined at 



Misdemeanor 441 Mississippi 

Carson since the marked decrease in the output of the Nevada 
silver mines. The Denver mint was never intended to become 
an important mint; it is really an assay office [q. v.]. See 
Coinage. 

Misdemeanor, any offense against the public peace, less 
than felony [q. v.]. Punishment extends no further than a 
small fine or a jail sentence, or both, in the discretion of the 
court. 

Misfeasance. The commission of a lawful act in an im- 
proper or unlawful manner, especially in a manner culpably 
negligent, is misfeasance. Kent's Commentaries says a dis- 
tinction exists between nonfeasance and misfeasance, that 
is, between the total omission of an act which one gratui- 
tously promises to do, and a culpable negligence in the execu- 
tion of it. See Nonfeasance. 

Misprision. Misprision consists in the concealment of 
crime, especially of treason or any felony. Any officer of the 
law may be convicted of negative misprision if maladministra- 
tion of a public trust be sustained against him. See Felony; 
Treason; Misprision of Treason. 

Misprision of Treason is the bare knowledge and conceal- 
ment of treasonable facts, without any degree of assent thereto. 
Here is applied the maxim, "It is a crime to conceal a crime," 
regardless of extent of participation. See Treason. 

Mississippi. Spain had first claim to what is now Mississippi, 
owing to the explorations of De Soto in 1539-'42, but soon 
afterward the Frenchmen, Joliet, Marquette and La Salle, made 
more thorough explorations and planted settlements. Because 
of these settlements the French domination over the territory 
was assured. In 1763 France ceded the portion of Louisiana 
east of the Mississippi, with the exception of New Orleans, 
to the English, and this section included the present State 
of Mississippi; in 1783 the British transferred it to the 
United States. In 1798 Congress organized the Territory of 
Mississippi; it then embraced what is now the southern part 
of that State and Alabama. Six years later it was extended 
northward to the boundary of Tennessee. On December 10th, 



Mississippi 442 Mississippi 

1817, Mississippi entered the Union as the twentieth State. On 
January 9th, 1861, the State declared itself out of the Union by 
the passage of an Ordinance of Secession, and it became at once 
a member of the Southern Confederacy. In 1866 a new Con- 
stitution was adopted which conformed with the Federal 
requirements, and in the next year it was again admitted to 
the Union. 

Government. The present Constitution is the third one, 
adopted in 1890. It is difficult to pass amendments to this 
document, because any amendment must be approved by two- 
thirds' vote of all the members of each House of the Legislature, 
and on three different days, after which it must receive the 
approval of the majority of the voters 
of the State. Male citizens of the 
United States may vote, provided 
they have resided in the State for two 
years, and in the election district for 
one year, with the further provisions 
that they must be taxpayers and be 
registered as voters. In order to 

register, ability to read must be shown, ^^^^^ g^^^ of Mississippi. 
and if necessary, to interpret, when 

read, any section of the United States Constitution. This 
aims at the disenfranchisement of the colored voters. The 
Legislature consists of a Senate and a House of Representatives, 
elected for four years. Sessions are held every two years, 
one being called the regular, and given unlimited time, the next 
a special session, limited to 30 days, unless this time is extended 
by the Governor. Members receive $400 for every session, 
regardless of its length. The officers of the State are the 
Governor, Lieutenant-Governor, Secretary of State, Attorney- 
General, Auditor, and Treasurer; these all are elected for terms 
of four years, and all except the Governor and Treasurer are 
eligible to re-election. The Judicial power is vested in a Su- 
preme Court of three Justices, appointed for nine years by the 
Governor, with the approval of the Senate; Circuit courts in 
every county and Chancery courts with Justices appointed in 




Missouri 443 Missouri 

like manner for four years; there are also Justices of the 
Peace in each township. 

Missouri. The territory now embracing the State of 
Missouri was first owned by the French, through the explora- 
tions of Joliet, Marquette and La Salle. The earliest settlements 
were at St. Genevieve, in 1735, and at St. Louis, in 1774. 
What is known as Louisiana was ceded to Spain by the 
French in 1763, and remained under Spanish control until 
1800, when it was again transferred to the French and pur- 
chased by the United States in 1803, when all of Louisiana 
came into our possession. The Louisiana Purchase was 
divided into two sections, the Territory 
of Orleans and the District of Louisiana. 
Missouri was a part of the latter. In 
1812 Congress organized Missouri Ter- 
ritory, and in 1818 it applied for ad- 
mission to the Union. This application 
started a memorable series of debates 
in Congress, ending with the passage 
of the Missouri Compromise [a. v.]. A 

^ . . STATE SEAL OF MISSOUBI. 

Constitution was drafted in 1820; it was 

approved by Congress in March, 1821, and on October 10th of 

that year it was admitted as the twenty-fourth State. 

Government. The present Constitution was adopted in 
1875. It may be amended by majority vote of each House of 
the Legislature and subsequent ratification by majority vote 
of the electors of the State. The people, by vote, may call a 
convention for the purpose of proposing amendments. Male 
citizens of the United States may vote who have resided in the 
State one year and in the county or town 60 days. The Legis- 
lative Department consists of a Senate of 34 members, elected 
for four years, and a House of Representatives of 142 members, 
elected for two years. Sessions are held biennially, are limited 
to 90 days in length, and members receive $5 . 00 per day during 
the first seventy days of any session, after which their com- 
pensation is $1.00 per day. The Executive officers are the 
Governor, Lieutenant-Governor, Treasurer, Auditor, Attorney- 




Missouri Compromise 444 Missouri Compromise 

General and Superintendent of Public Instruction, each chosen 
for four years. All are eligible to re-election except the Gov- 
ernor and Treasurer. The Judicial authority is vested in a 
Supreme Court of seven members, elected for ten years; in Cir- 
cuit courts, each having one Judge, elected for six years; in 
Probate courts in each county and Justices of the Peace in each 
township. There are separate systems of courts for St. Louis 
and Kansas City. 

Missouri Compromise. One of the most important laws 
ever passed by the Congress of the United States, and one 
which in no small way shaped the future of the country, was 
passed in 1820, under the name of the Missouri Compromise. 
For several years before 1820 a new State was admitted to the 
Union every year; to maintain slavery and anti-slavery inter- 
ests on a peaceful footing, slave and free States were admitted 
in rotation. When the question of Missouri's admission was 
before Congress its entrance into the Union as a slave State 
was objected to because the Territory previously admitted was 
Alabama, with slavery, in 1819. Before Alabama applied, 
Missouri's application was in the hands of Congress, in 1818, 
and Maine also was knocking for admission. These three 
applications were the occasion for long and very bitter debates, 
the alignment of Senators and Representatives being deter- 
mined almost without exception by their State sentiment on 
the slavery question. The storm centered around the Missouri 
application, and out of the various bills and amendments a 
compromise was effected, resulting in the passage of an act 
with the following main provisions: 

[1] Maine was to be admitted as a free State. 

[2] Missouri was empowered to form a State Government without 
prohibition of slavery, but thereafter no slavery should exist in any part 
of the Louisiana Purchase north of latitude 36^ 30'. 

This law, the famous Missouri Compromise, calmed the 
contending factions for a number of years; it also recognized 
the complete jurisdiction of Congress over the Territories. 
By the passage of the Kansas-Nebraska Bill [q. v.] the Com- 
promise was repealed. 



Modus Vivendi 445 Money 

Modus Vivendi means, literally, a mode of living. In 
diplomacy, it signifies a temporary arrangement between the 
authorities of two countries providing for the conduct of certain 
affairs while negotiations for a treaty bearing upon the same 
matters is being negotiated. Its effect is that of a temporary 
treaty. 

Monarchy, a country governed by a ruler who secures 
his throne not by popular selection, but through hereditary 
descent. If the will of the monarch is the supreme law of the 
realm, as in Turkey and until recently in Russia, the Govern- 
ment is an unlimited, or absolute, monarchy; if the wdll of the 
monarch is limited by constituted Legislative authority, such 
a Government is a limited monarchy. Examples of the latter 
are Great Britain and the German Empire. In the limited 
monarchies of modern times the hereditary ruler's actual power 
is much restricted; he would hardly dare refuse his sanction 
to an act of legislation demanded by a majority of the people, 
and although he may very frequently suggest legislation, his 
wishes are sometimes ignored. The tendency of the popular 
will is slowly, although very slowly, perhaps, towards republican 
government. The same independent tendencies are noticeable 
in absolute monarchies; within a reasonably short time the 
last of these among enlightened nations without doubt will 
have disappeared. 

Money. The word rnoney has been variously defined. 
Summing up all shades of opinion, it is a medium of exchange 
and a measure of value. From a fixed standard in any mone- 
tary system all other values in that system are reckoned, some- 
what in the manner that comparative distances are computed 
from a given meridian. In order to discharge its function as 
a medium of exchange, money must have such stability in value 
that everywhere within the country in which it circulates it 
will be accepted in payment of debts. We think of money 
today as coin or bank bills, but in the days of less complex 
civilization very many articles have been accepted as full 
mediums of exchange. Among these articles are tobacco, tea, 
salt, cattle, etc. 



Money 446 Money 

Our modern system of legal tender [q. v.] money required 
much patient development. As stated above, it was not always 
in coin or amply secured paper. Considering the dollar as the 
basis of a currency system, cattle of given weight and breed 
among early peoples represented the dollar, or standard of 
value, while more primitive folk made use of any article suffi- 
ciently abundant for standard payment. Thus, in ancient 
Greece, a large bronze tripod had the market value of a dozen 
oxen. On the other hand, and it seems strange at this day, 
a good, hard-working woman was given in exchange for only 
four such beasts. When metal took its place as money, the 
basal dollar clung to its traditions, and coins were still called 
after live stock. Thus, pecunia (wealth), applied to metal 
money, derived its origin from pecus (cattle). From the 
custom of counting head of cattle came the present designation 
of a sum in cash — capital, or capita (heads). In Sanscrit, 
roupe (herd, flock) made roupya, later modified to rupee, the 
basal coin of India. Ingots of electrum, or a mixture of gold 
and silver, were once basal coin, and they bore invariably the 
impress of an ox or cow. 

It was a great step towards present-day systems of money 
when gold and silver took their places as standards of value 
and the clumsy devices of the ancients were discarded. The 
two precious metals possess acceptability, by reason that they 
are easily portable, are readily recognized, can be divided into 
aliquot parts for fractional currency, and contain great value 
in small bulk. A further advantage lies in the fact that the 
market value of gold can be kept at practically the same point 
from decade to decade; it is thus a safe basis on which all 
values may be established. The market value of silver is less 
stable, hence it does not serve as acceptably as a standard. 
When the two metals, gold and silver, together form the basis 
of a currency, that system supports what is called a bimetallic 
currency, or double standard, and the proportionate value of the 
two, ounce for ounce, is maintained by law. On the other 
hand, if a currency system is based on gold alone, such a system 
is monometallic, or a single standard. For description of the 



Money=Order 447 Monroe Doctrine 

different kinds of money current in the United States, see the 
various denominational names;, see also, Bimetallism; Mono- 
metallism. 

Money>=Order, an order drawn by one postmaster, or post- 
ofiice, upon another, authorizing the payment to a third party 
of a sum of money named therein, all in accordance with postal 
laws and regulations. A single money-order can be issued 
in any sum up to one hundred dollars; the fee charged is from 
three cents to thirty cents. 

Money-Order Ofjfice, a bureau or subdivision of the Post- 
office Department, having charge of money-order business. 
Not all postoffices are money-order offices; about one in ten 
is so designated by the Government. 

Monometallism. The financial doctrine that one metal 
shall alone serve as the basis of a country's currency system 
is called monometallism. The metal naturally chosen for such 
a purpose is gold, because it is the most precious, and it scarcely 
varies in market value from decade to decade; silver, however, 
is yet the single standard of value in some countries. 

The United States is a monometallic, or single standard 
country, notwithstanding the fact that there is silver in circu- 
lation. Silver is coined only for purposes of the Government. 
There is no ratio of value established and maintained between 
it and gold, and silver is not legal tender for many purposes 
for which money is demanded. However, everybody accepts 
silver freely, knowing it to be always redeemable by the author- 
ity which issues it. A person who presents gold at our mints 
can have it converted into coin, dollar's worth for dollar's 
worth, except a slight charge for expense of coinage. Under 
a bimetallic (gold and silver) standard, the owner of silver 
bullion would enjoy the same privilege. See Bimetallism; 
Sixteen-to-One. 

Monroe Doctrine. In 1815 there was formed in Europe 
what was known as the "Holy Alliance," a union between 
Russia, France, Prussia and Austria, for the purpose of main- 
taining the monarchical systems of government which had been 
seriously threatened by the spirit of republicanism inspired by 



Monroe Doctrine 448 Monroe Doctrine 

recent events in France. It was suspected by the United States 
Government that these and other countries expected to extend 
their operations to the New World, and the acts of Spain in 
South America tended to confirm the behef . Strong monarchies 
in the southern continent, under control of European sover- 
eigns, would seriously threaten our republic in any emergencies 
involving war; moreover, the South American republics looked 
to the United States to protect them against the rapacity of 
Europeans. 

President Monroe and his advisers felt that inasmuch as 
our policy was one of non-interference in the affairs of Europe, 
in return the States of Europe should not interfere with insti- 
tutions planted on this side of the Atlantic. Accordingly, in 
his annual message of 1823 he announced this view of the 
matter in the following words: 

"In the wars of the European powers in matters relating to themselves 
we have never taken any part, nor does it comport with our policy so to do. 
It is only when our rights are invaded or seriously menaced that we 
resent injuries or make preparation for our defence. With the movements 
in this hemisphere we are, of necessity, more immediately connected, and by 
causes which must be obvious to all enlightened and impartial observers. 
The political system of the allied powers is essentially different in this 
respect from that of America. This difference proceeds from that which 
exists in their respective Governments. And to the defence of our own, 
which has been achieved by the loss of so much blood and treasure, and 
matured by the wisdom of their most enlightened citizens, and under 
which we have enjoyed unexampled felicity, this whole nation is devoted. 
We owe it, therefore, to candor, and to the amicable relations existing 
between the United States and those powers, to declare that we should con- 
sider any attempt on their part to extend their system to any portion of 
this hemisphere as dangerous to our peace and safety. With the existing 
colonies or dependencies of any European power we have not interfered 
and shall not interfere. But with the Governments who have declared 
their independence, and maintained it, and whose independence we have, 
on great consideration and on just principles, acknowledged, we could 
not view any interposition for the purpose of oppressing them, or controlling 
in any other manner their destiny, by any European power, in any other 
light than as the manifestation of an unfriendly disposition towards the 
United States. In the war between these new Governments and Spain we 
declared our neutrality at the time of their recognition, and to this we 
have adhered and shall continue to adhere, provided no change shall occur 



Monroe Doctrine 449 Monroe Doctrine 



which, in the judgment of the competent authorities of this Government, 
shall make a corresponding change on the part of the United States indis- 
pensable to their security. 

The late events in Spain and Portugal show that Europe is still 
unsettled. Of this important fact no stronger proof can be adduced than 
that the allied powers should have thought it proper, on any principle 
satisfactory to themselves, to have interposed, by force, in the internal 
concerns of Spain. To what extent such interposition may be carried, 
on the same principle, is a question in which all independent powers whose 
Governments differ from theirs are interested, even those most remote, 
and surely none more so than the United States. Our policy in regard to 
Europe, which was adopted at an early stage of the wars which have so long 
agitated that quarter of the globe, nevertheless remains the same, which is, 
not to interfere in the internal concerns of any of its powers; to consider 
the Government de facto as the legitimate Government for us; to cultivate 
friendly relations with it, and to preserve those relations by a frank, firm, 
and manly policy, meeting, in all instances, the just claims of every power; 
submitting to injuries from none. But in regard to these continents, 
circumstances are eminently and conspicuously different. It is impossible 
that the allied powers should extend their political system to any portion 
of either continent without endangering our peace and happiness; nor can 
any one believe that our Southern brethren, if left to themselves, would 
adopt it of their own accord. It is equally impossible, therefore, that we 
should behold such interposition, in any form, with indifference. If we 
look to the comparative strength and resources of Spain and those new 
Governments, and their distance from each other, it must be obvious that 
she can never subdue them. It is still the true policy of the United States 
to leave the parties to themselves, in the hope that other powers will 
pursue the same course." 

He also declared that — 

"The American continents should no longer be subjects for any 
new European settlements. ' ' 

The quotations above embody what has come to be known 
as the Monroe Doctrine. It means that this nation guarantees 
political protection and freedom to every country of North and 
South Arnerica. It is true that neither Monroe nor his suc- 
cessors interpreted the Doctrine as a possible cause for declara- 
tions of war, but so popular has the sentiment grown with 
the years that Europe now understands it to be a principle we 
are determined to uphold at all hazards. In 1867 it was applied 
to the pretensions of France and Austria in Mexico, and the 
latter country was saved from foreign control. [See Maxi- 



Montana 



450 



Montana 




STATE SEAL OF MONTANA. 



MiLiAN.] President Cleveland invoked it later successfully 
against England, in that nation's controversy with Venezuela. 

The Monroe Doctrine is merely a sentiment; it has never 
been enacted into a statute. Nevertheless, precedent has 
beyoRd doubt determined what action future Presidents and 
Congresses will take, should occasion arise. 

Montana. Montana was brought to the attention of the 
world by the expedition of Lewis and Clark in 1805, although 
there had been earlier explorations in the vicinity fifty years 
before. The first settlements were not 
made until between the years 1809 and 
1829, but they were very small, and 
growth was extremely slow. The dis- 
covery of minerals in 1852 gave a new 
impetus to settlement, and by 1860 
there was rapid immigration. This 
region was organized in 1860 as a part 
of the Territory of Washington; in 1863 
it became a part of Idaho, and on May 
22nd, 1864, Congress established the Territory of Montana. 
In 1884 a Constitution was adopted and application was made 
for admission to the Union, but Congress did not pass the 
enabling act until 1889; on November 8th of that year Montana 
became the forty-first State of the Union. 

Government. This State has had but one Constitution, 
referred to above. It may be amended by two-thirds' vote of 
all the members of both Houses of the Legislature, and ratified 
by the people at a regular election. Citizens of the United 
States, whether male or female, vote at all elections, provided 
they have lived in the State one year. The Legislative Depart- 
ment is composed of a Senate of 26 members, elected for a term 
of four years, one-half of them being chosen every year, and a 
House of Representatives of 72 members, elected for two years. 
Sessions are held biennially, and are limited to 60 days. Mem- 
bers receive $6 . 00 per day during sessions. The State officers 
are the Governor, Lieutenant-Governor, Secretary of State, 
Attorney-General, Treasurer, Auditor, Adjutant-General and 



Mother of Presidents 451 Mount Vernon 

Superintendent of Public Instruction. The Judicial power is 
vested in a Supreme Court of three Justices, chosen by election 
for six years; in twelve District courts, each with one Judge, 
elected for four years; in townships and cities there are, also. 
Justices of the Peace. 

Mother of Presidents is a name frequently applied to the 
State of Virginia, because it was the birthplace of seven of our 
Chief Executives. Time is dimming the luster of the name. 

Mount Vernon. The home and burial place of George 
Washington will always possess interest to the student of 
American government. The facts of history connected with 
it are well known, but the derivation of the name is known to 
but few. The facts in this connection are as follows: 

The unfortunate Duke of Monmouth had a private secretary named 
Vernon, a prudent, sensible man of business, who after the Duke's deatli 
found favor in influential quarters, and under William the Third became 
Secretary of State. He left a son, Edward, born 1684, who greatly against 
his father's wishes entered the navy, and serving with early distinctions 
rose to the rank of Admiral. In 1722 he was returned to the House of 
Commons and having, in July, 1739, declared there that Porto Bello might 
be reduced with six sail of the line, and that he would stake his life and 
reputation on the success of the expedition, he was sent off with a squadron 
to do it, succeeded, and gave the men ten thousand dollars which had just 
arrived to pay the Spanish troops. On returning home, he received the 
thanks of both houses and the freedom of the city of London. 

From that day, however, his star declined. An expedition to Car- 
thagena made two years later signally failed. Smollett, at that time a 
naval surgeon, accompanied the fleet, and has told the story of it in "Roder- 
ick Random," where he compares Vernon and General Wentworth, who 
commanded the auxiliary land force, to Caesar and Pompey. "The one," 
he says, "would not brook a superior, while the other was impati'ent of an 
equal; so that between the pride of one and the insolence of another 
the enterprise miscarried." It was in the land force at Carthagena, 
that Lawrence Washington, George's elder brother by fourteen years, had 
served, and apparently he esteemed Vernon, as he gave his name to his 
home on the Potomac, and procured a Midshipman's appointment for 
George, but his mother's interposition ultimately prevented the boy's 
availing himself of it, albeit she had at first consented. Vernon's popular- 
ity was so great that his unlucky expedition does not seem to haye affected 
it, and he was actually elected to Parliament for three places at once on 
his return. 



Mugwump 452 Municipal Ownership 

Mugwump. A voter who believes more in principles 
than in political parties, and who does not hesitate to desert 
his party temporarily when he believes it wrong, or when it 
nominates weak men for office, is called a mugwump. The 
term was first used in derision, in the Presidential campaign of 
1884, when many Republicans deserted their nominee, James 
G. Blaine. It is of Indian origin, signifying one of superior 
wisdom, or of exaggerated importance. Those to whom the 
term applied adopted it as a mark of honor and within a dozen 
years it had lost its opprobrious significance. Independent 
voting is now more the rule than the exception, due to en- 
lightened public sentiment. See Independent. 

Mud=Sill, another name for the wooden ties on which rail- 
road steel rails are laid. Just before the Civil War a United 
States Senator referred contemptuously to the working classes 
as the "mud-sills of society." The metaphor was not well 
received in the North, but very soon afterwards the Southern 
aristocracy, inflamed by the rising passions of war, used the 
phrase with reference to the great middle classes of the Northern 
States, and all through the South "Northern mud-sills" was 
long a favorite anathema. 

Municipal League, National, a body organized in 1894, 
with headquarters in Philadelphia, composed of associations 
in various cities for the study of municipal problems. Its 
object is to promote good citizenship and to investigate and 
discuss conditions and details of civic administration. There 
are now (1908) over 150 local associations affiliated with the 
League, which numbers among its membership over 1,000 of 
the most prominent citizens of the United States. 

Municipal Ownership. The rapid growth of cities gives 
rise to many questions of pujDlic policy which were little dis- 
cussed before 1890. The necessity of providing adequately for 
the multiplying needs of thickly-settled districts has led to 
the belief on the part of many that all public utilities should 
be controlled by the people and not be given into the hands of 
private corporations. It is absolutely necessary that there 
should be a never-failing supply of good water, that there 



Murder 453 Murder 

should be satisfactory lighting service, rapid transit, good tele- 
phone and telegraph operation, and the like. Naturally, 
competition in most of these lines, if not in all, is impossible, if 
satisfactory service is to be provided. What must be a 
monopoly may become oppressive when in the hands of private 
companies, by reason of inefficient service or insufficient supply. 
Experience teaches that a company with a perpetual or long- 
term franchise is often deaf to appeals from the authorities for 
betterment of their particular part of the public service. To 
insure the desired grade of operation and supply, and to guard 
against excessive charges, it is necessary that the municipality 
shall either own the various public enterprises or regulate them 
strictly in the hands of private operators. It is difficult yet 
to prophesy the ultimate direction in which the American 
public will turn; from 1905 to 1907 the municipal ownership 
idea seemed to gain many adherents, but the tide later turned 
towards strict regulation. There are many people who would 
be pleased to see all public service corporations owned by the 
municipality, but leased for short terms to private companies 
for operation, under conditions favorable to the best possible 
service. 

Murder is the act of unlawfully killing a human being with 
premeditated malice, by a person of sound mind or in possession 
of his reason sufficiently to know the nature and quality of his 
act. In common law there is no recognition of degree in 
murder, although in most of the States the crime is divided 
into first, second and third degrees of guilt. The first degree 
includes all cases where the act was committed with delibera- 
tion, with plain intent to kill, where malice is proved. The 
second degree includes cases where malice is present but where 
the intent is not established beyond question. The laws 
defining the third degree vary in the different States, but in 
most it includes those instances where malice is developed only 
slightly and where the intent is not plain. Murder in the first 
degree is punishable by death or imprisonment for life; in the 
second degree by imprisonment up to about twenty years; in 
the third degree, seldom longer than three or five years. 



Mutiny 454 Mutiny 

Mutiny is revolt against constituted authority, especially 
open resistance to commanding officers in armies and navies. 
Instances of mutiny in the United States are rare. In 1781 the 
commander of the Revolutionary troops at Morristown, N. J., 
could not exact obedience from his men, who marched to 
Princeton, where Congress was in session, and demanded that 
their immediate wants be supplied. That their act was not 
traitorous was shown by the fact that emissaries of the British 
who visited them were arrested and turned over to Congress 
as prisoners of war. Again in 1782, after the war was practi- 
cally over, a portion of the army became displeased with the 
outlook for the new Government and against all authority 
memori^-lized General Washington to proclaim himself dictator. 
He was promised the strength of the army against all opposition 
of the States. Washington replied that the plotters ''could 
not have found a man to whom their schemes were more 
disagreeable." 



N 

National Bank, a bank organized by private capital to do 
a general banking business, under certain restrictions imposed 
by the Government of the United States, and subject always 
to the control of the Treasury Department. In 1863 Congress 
passed the first law authorizing the organization of banks of 
this class. There have been various changes in the National 
Bank Act, all tending to afford greater security to the public. 

Banks chartered under the above law may deposit with 
the Treasury Department United States bonds and receive in 
exchange National bank bills for circulation as legal tender 
money, up to ninety per cent of the market value of the bonds 
so deposited; but no single bank may have over $300,000,000 
in such circulation. One-fourth of the capital of each National 
bank must be invested in United States bonds, if said bank 
is capitalized at $150,000 or over; if its capital is less than 
$150,000, one-third of it must be so invested. A bank may be 
organized under the National banking laws with a capital as 
small as $25,000, if its location is in a town of not more than 
3,000 inhabitants. 

Each National bank receives a periodical inspection at the 
hands of a representative of the Treasury Department; if its 
condition is such as to make its solvency questionable or if the 
banking law has been violated, the examiner may advise the 
Comptroller of the Currency to place the institution in charge 
of a Government receiver. If this is done, the affairs of the 
bank may be straightened out and business may be resumed 
under former conditions, but usually a receivership results in 
winding up the bank's affairs, in which event its charter is 
surrendered. 

A National bank is conducted very much as a State or 
private bank; it receives money on deposit, paying a low rate 
of interest therefor, and loans a large portion of the same 
money at a higher interest rate. Its profits are derived largely 
from the difference between these two items of interest. 

455 



National Convention 456 National Convention 

National Convention. In the United States Government, 
a National convention is a meeting of delegates, chosen by 
successive political steps, to nominate candidates for President 
and Vice-President of a party, and to prepare a platform on which 
to appeal for votes in a forthcoming Presidential election. The 
National convention now so commonly known has not always 
been the means by which the candidates have been selected. 
In the early days of the republic, a caucus of Congressmen of 
each political party selected the standard bearers of that party 
for each Presidential campaign. There, was not enough of the 
popular element in this method, however, and little by little 
the convention was developed, until now every four years the 
convention of each party is thoroughly representative of the 
nation, each State and Territory having representation pro- 
portionate to its population. The various steps leading to the 
National conventoin are summarized briefly below. The steps 
by which one party prepares for such a meeting are exactly 
similar to the plans adopted by all other parties. 

There is in each party a National committee composed of 
one member from each State and Territory. This National 
committee has in charge the location of the National conven- 
tion and arrangement of all details in connection with the meet- 
ing itself. Fully six months before the convention is to be 
held, the committee meets in the City of Washington and ap- 
points a time and place for it to convene. The place and time 
having been determined, the fact is published officially by each 
National committeeman in his State. Then begins the task 
of selecting delegates to the convention. In every township 
there is held a township caucus to choose delegates to a county 
convention, which convention later meets to choose delegates 
to a State convention, who, when they meet in said State con- 
vention, are charged with the responsibility of choosing dele- 
gates to the National convention. According to the rules of 
the National committee, there are twice as many delegates in a 
convention as there are Senators and Representatives from 
each State in Congress, and each Territory also has repre- 
sentation. Therefore, if a State has a Congressional repre- 



National Convention 457 National Convention 

sentation of two Senators and twelve Representatives, it is 
entitled to twenty-eight delegates in the National conven- 
tion. Besides the selection of delegates, the State conven- 
tion chooses as many alternates, one alternate for each 
delegate. Therefore, if a delegate is unable to attend, his place 
is taken by his alternate, and the ranks of the delegation are 
maintained intact. 

This system is looked upon by many as cumbersome and 
involving too much detail, but nothing short of this would meet 
with popular approval at this day. Under the Congressional 
system of choosing candidates for the Presidency and Vice- 
Presidency, the people themselves had but little voice in the 
matter; under the present system, the people may be all-power- 
ful. If there is a widespread sentiment in a State for any man 
as a nominee for President, that sentiment may exert itself 
from the township caucus direift to the State convention, and 
if strong enough, sway the State convention, causing it to select 
delegates to the National convention who are pledged to vote 
and work for the nomination of the State's choice for President. 
If the sentiment for this same man is nation-wide, the action 
of a considerable number of States may insure his nomination. 

When the National convention meets, its first task is organ- 
ization, at which time contesting delegations may be heard, 
and seats given to those who appear most rightfully to deserve 
them. Appointments of committees follow, the most important 
of which is the committee on platform. Adjournment is 
then taken until the committees can have their reports ready. 
After the adoption of the platform and the reception of reports 
of other committees, nominations for President and Vice- 
President are in order. The list of States is called alphabetical- 
ly, Alabama being first and the Territories last, and the chairman 
of each State delegation announces the vote of that State. 
Sometimes a great many ballots are necessary to a choice. In 
1872, when the Grant third-term adherents clung with tenacity 
to their idol, many dozen ballots were taken before the 
deadlock was broken and a nomination was possible. Not 
since then has a President attempted to secure a third term. 



National Conventions — 458 National Conventions — 

National Conventions Since 1880. Following is a list of 
the National nominating conventions of all political parties 
from 1884 to 1908, inclusive, with the exception of some of the 
minor organizations in the latter year: 

1880 — Democratic: Cincinnati, O., June 22-24; Winfield S. Hancock and 

William H. English. 
Republican: Chicago, 111., June 2-8; James A. Garfield and Chester A. 

Arthur. 
Greenback: Chicago, 111., June 9-11; James B. Weaver and B. J. 

Chambers. 
Prohibition: Cleveland, O., June 17; Neal Dow and A. M. Thompson. 
1884 — Democratic: Chicago, 111., July 8-11; Grover Cleveland and Thomas 

A. Hendricks. 
Republican: Chicago, 111., June 3-6; James G. Blaine and John A. Logan. 
Greenback: Indianapolis, Ind., May 28-29; Benjamin F. Butler and 

Alanson M. West. 
National Prohibition: Pittsburg, Pa., July 23; John P. St. John and 

William Daniel. 
Anti-Monopoly: Chicago, 111., May 14; Benjamin F. Butler and Alanson 

M. West. 
Equal Rights: San Francisco, Cal., Sept. 20; Mrs. Belva A. Lockwood 

and Mrs. Marietta L. Stow. 
1888 — Democratic: St. Louis, Mo., June 5; Grover Cleveland and Allen 

G. Thurman. 
Lepublican: Chicago, 111., June 19; Benjamin Harrison and Levi P. 

Morton. 
Prohibition: Indianapolis, Ind., May 20; Clinton B. Fisk and John A. 

Brooks. 
Union Labor: Cincinnati, O., May 15; Alson J. Streeter and Samuel 

Evans. 
United Labor: Cincinnati, O., May 15; Robert H. Cowdrey and W. H. 

T. Wakefield. 
American: Washington, D. C, Aug. 14; James L. Curtis and James 

R. Greer. 
Equal Rights: Des Moines, Iowa, May 15; Mrs. Belva A. Lockwood 

and Alfred H. Love. 
1892 — Democratic: Chicago, 111., June 21; Grover Cleveland and Adiai 

E. Stevenson. 
Republican: Minneapolis, Minn., June 7-10; Benjamin Harrison and 

Whitelaw Reid. 
Prohibition: Cincinnati, O., June 29; John Bidwell and J. B. CranfiU. 
National People's: Omaha, Neb., July 2-5; James B. Weaver and James 

G. Field. 



National Conventions — 459 National Conventions — 

Socialist-Labor: New York, N. Y., Aug. 28; Simon Wing and Charles 

H. Matchett. 
1896 — Democratic: Chicago, 111., July 7; William J. Bryan and Arthur 

Sewall. 
Republican: St. Louis, Mo., June 16; William McKinley and Garret 

A, Hobart. 

People's Party: St. Louis, Mo., July 22; William J. Bryan and Thomas 

E. Watson. 
Silver Party: St, Louis, Mo., July 22; William J. Bryan and Arthur 

Sewall. 
National Democratic: Indianapolis, Ind., Sept. 2; John M. Palmer and 

Simon B. Buckner. 
Prohibition: Pittsburg, Pa., May 27; Joshua Levering and Hale 

Johnson. 
National Party: Pittsburg, Pa., May 28; Charles E. Bentley and James 

H. Southgate. 
Socialist-Labor: New York, N. Y., July 6; Charles H. Matchett and 

Matthew Maguire. 
1900 — Democratic: Kansas City, Mo., July 4-6; William J. Bryan and 

Adlai E. Stevenson. 
Republican: Philadelphia, Pa., June 19-21; William McKinley and 

Theodore Roosevelt. 
People's Party: Sioux Falls, S. D., May 9-10; William J. Bryan and 

Adlai E. Stevenson. 
People's Party (Middle-of-the-Road): Cincinnati, O., May 9-10; 

Wharton Barker and Ignatius Donnelly. 
Silver Republican: Kansas City, Mo., July 4-6; William J. Bryan and 

Adlai E. Stevenson. 
Prohibition: Chicago, 111., June 27-28; John G. WooUey and Henry 

B. Metcalf. 

Socialist-Labor: New York, N. Y., June 2-8; Joseph P. Malloney and 

Valentine Remmel. 
Social Democratic Party of the United States: Rochester, N. Y., Jan. 

27; Job Harriman and Max S. Hayes. 
Social Democratic Party of America: Indianapolis, Ind., March 6; 

Eugene V. Debs and Job Harriman. 
Union Reform: Baltimore, Md., Sept. 3; Seth W. Ellis and Samuel T, 

Nicholson. 
1904 — Democratic: St. Louis, Mo., July 6-9; Alton B. Parker and Henry 

G. Davis, 
Republican: Chicago, III., June 21-23; Theodore Roosevelt and Charles 

W. Fairbanks, 
People's Party: Springfield, 111., July 4-6; Thomas E, Watson and 

Thomas H. Tibbies. 



National Debt 460 National Republican Party 

Prohibition: Indianapolis, Ind., June 29-July 1; Silas C. Swallow and 

George W. Carroll. 
Socialist-Labor: New York, N, Y., July 3-9; Charles H. Corrigan and 

William W. Cox. 
Socialist-Democratic Party of America: Chicago, 111., May 1-6; Eugene 

V. Debs and Benjamin Hanford. 
Continental: Chicago, 111., Aug. 31; Charles H. Howard and George H. 

Shibley. (Nominees declined and Austin Holcomb and A. King 

were substituted by the national committee.) 
1908 — Republican: Chicago, 111., June 16; William H. Taft and James 

S. Sherman, 
Democratic: Denver, Colo., July 7; William J. Bryan and John W. 

Kern. 
Prohibition: Columbus, Ohio, July 15; Eugene W. Chafin and A. S. 

Watkins. 

National Debt. See Debt of the United States. 

National Guard. See Militia; Naval Militia. 

Nationalism, the doctrine in the United States that the 
Government should exercise a larger control of ajffairs which 
are of National importance. The advocates of this policy are 
working for Government control of telegraphs, telephones, ex- 
press companies and railroads; the ownership by the Government 
of mines, oil-wells and gas-wells; public ownership or control 
of heating and lighting facilities and of the street car service in 
cities. These enterprises, so conducted, would not be for profit, 
but all service would be given at cost price. Many principles 
of the municipal ownership propaganda are identical with the 
demands of Nationalism. See Municipal Ownership. 

National Republican Party, a political party of short life, 
which took part in only one Presidential campaign — that of 
1832. For some years prior to the election of John Quincy 
Adams there had been but one party, the Republican, or 
Democratic-Republican, but during Adams's administration 
serious differences arose in the ranks of politicians. Two 
groups became clearly defined — the Adams and Clay Republi- 
cans and the Jackson Republicans. The former favored a 
protective tariff. National banks and internal improvements, 
all of which were opposed by the Jackson adherents, who 
changed their name to Jackson Democrats, a term they fancied 



Nativism 461 Naturalization 

brought them nearer to the people. The Adams and Clay con- 
tingent formed the National Republican party and nominated 
Clay for the Presidency, but was overwhelmingly defeated. 
The remnants of the party helped to form the later Whig organ- 
ization. See Political Parties in the United States. 

Nativism is the political doctrine which demands that 
partiality be shown native-born citizens in preference to foreign- 
born, though naturalized, Americans. It was the principal 
tenet of the American party, which survived only a single 
Presidential campaign. See Political Parties in the 
United States. 

Natural Allegiance. See Allegiance. 

Naturalization is the legal process by which an alien [q. v.] 
may by successive steps become a citizen of the United States, 
with all the rights and privileges that pertain to any other 
citizen, except that he cannot hold the office of President. 
Many nations of Europe once adhered to the opinion, and en- 
forced their belief by resort to arms, that a person subject to a 
ruler of one country could never forswear his allegiance and 
become a citizen or subject of any other country. The United 
States changed this view at the conclusion of the War of 1812, 
which was fought partly to uphold the right of Englishmen to 
become Americans and to serve their adopted country in its 
army and navy. Today all the principal nations of the world 
have enacted laws providing for the naturalization of aliens, 
with the exception of Turkey and Russia. 

The Constitution gives to Congress the power to declare 
by what process an alien may become a citizen. By complying 
with the requirements as outlined by Congress, any foreigner 
may receive in due course of time his naturalization papers, 
but it is only as a citizen of the United States that he accepts 
them. Any State has the right to impose restrictions upon 
foreign-born people as to citizenship within the State. How- 
ever, in strict conformity to Congressional standards, every 
State accepts as a citizen any person who has received his 
naturalization papers. Many States make it possible for the 
foreigner to become a citizen of the State and to exercise all the 



Naturalization 462 Naturalization 

rights and privileges of other citizens within the State before 
he is a naturalized citizen under the laws of Congress. In 
other words, a State may grant to a foreigner the right to vote 
at State elections after he has taken out his first set of natural- 
ization papers, hereinafter described. The manner in which 
an alien may be clothed with citizenship is as follows: 

Declaration of Intention. The alien must declare upon oath before a 
circuit or district court of the United States or a district or supreme court 
of the Territories, or a court of record of any of the States having common 
law jurisdiction and a seal and clerk, two years at least prior to his admis- 
sion, that it is, bona fide, his intention to become a citizen of the United 
States, and to renounce forever all allegiance and fidelity to any foreign 
prince or State, and particularly to the one of which he may be at the time 
a citizen or subject. 

Oath on Application for Admission. He must at the time of his appli- 
cation to be admitted declare on oath, before some one of the courts above 
specified, "that he will support the Constitution of the United States, 
and that he absolutely and entirely renounces and abjures all allegiencu 
and fidelity to every foreign prince, potentate, State, or sovereignty, 
and particularly by name, to the prince, potentate, State, or sovereignty 
of which he was before a citizen or subject," which proceedings must be 
recorded by the clerk of the court. 

Conditions for Citizenship. If it shall appear to the satisfaction of 
the court to which the alien has applied that he has made a declaration to 
become a citizen two years before applying for final papers, and has 
resided continuously within the United States for at least five years, and 
within the State or Territory where such court is at the time held one year 
at least; and that during that time "he has behaved as a man of good 
moral character, attached to the principles of the Constitution of the 
United States, and well disposed to the good order and happiness of the 
same," he will be admitted to citizenship. 

Titles of Nobility. If the applicant has borne any hereditary title 
or order of nobility he must make an express renunciation of the same at the 
time of his application. 

Minors. Any alien under the age of twenty-one years who has 
resided in the United States three years next preceding his arriving at that 
age, and who has continued to reside therein to the time he may make 
application to be admitted a citizen thereof, may, after he arrives at the age 
of twenty-one years, and after he has resided five years within the United 
States, including the three years of his minority, be admitted a citizen; 
but he must make a declaration on oath and prove to the satisfaction of the 
court that for two years next preceding it has been his bona fide intention 
to become a citizen. 



Natural Rights 463 Naval Academy 

Children of Naturalized Citizens. The children of persons who have 
been duly naturalized, being under the age of twenty-one years at the time 
of the naturalization of their parents, shall, if dwelling in the United States, 
be considered as citizens thereof. 

Citizens' Children Who Are Born Abroad. The children of persons 
who now are or have been citizens of the United States, are, though born 
out of the limits and jurisdiction of the United States, considered as 
citizens thereof 

Chinese. The naturalization of Chinamen is expressly prohibited 
by Section 14, Chapter 126, laws of 1882. 

Protection Abroad to Naturalized Citizens. Section 2,000 of the 
Revised Statutes of the United States declares that "all naturalized 
citizens of the United States while in foreign countries are entitled to and 
shall receive from this Government the same protection of persons and 
property which is accorded to native-born citizens." 

Natural Rights, those rights of a law-abiding person that 
are not at the disposal of the Government, either to grant or to 
withhold, but which are inalienable and indefeasible. Such 
are the absolute rights of life, liberty and personal security. 

Naval Academy. At Annapolis, Maryland, the Govern- 
ment of the United States has located a great school for the 
training of young men for service in the navy. Until 1845, 
naval recruits were taken from the farms, workshops and 
factories of the country and placed immediately on board ship, 
where they received what little technical instruction the sur- 
roundings afforded. A recruit was received as midshipman 
and placed under the direction of educated and experienced 
officers of the navy, and given instruction largely in mathe- 
matics and sailing. The promotion from the grade of midship- 
man to that of Lieutenant was made in accordance with recom- 
mendations from commanding officers; promotional examina- 
tions were rare and never held except at the pleasure of com- 
manders. This manner of recruiting the navy was very un- 
satisfactory. In 1845 George Bancroft, then Secretary of the 
Navy, founded the naval school in an old building at Annapolis. 
A five-year course was established, one year at school, three 
years at sea, and then one more year at school. Various changes 
in this school have been made, and step by step a strong naval 
school was organized. It is today a model for the whole world. 



Naval Militia 



464 



Naval Militia 



There are allowed at the Academy one naval cadet for each member 
of the United States House of Representatives, one for the District of 
Columbia, and ten at large. The appointment of cadets at large and for 
the District of Columbia is made by the President. The Secretary of the 
Navy, as soon after March 5 in each year as possible, must notify in writing 
each member of the House of Representatives of any vacancy that may 
exist in his district. The nomination of a candidate to fill the vacancy 
is made, on the recommendation of the member, by the Secretary. Candi- 
dates must be actual residents of the districts from which they are nomi- 
nated. 

Candidates at the time of their examination for admission must be 
not under fifteen nor over twenty years of age, and physically sound, well 
formed, and of robust condition. They enter the Academy immediately 
after passing the prescribed examinations, and are required to sign articles 
binding themselves to serve in the United States navy eigth years (includ- 
ing the time of probation at the Naval Academy), unless sooner discharged. 
The pay of a naval cadet is five hundred dollars a year, beginning at the 
date of admission. 

At least ten appointments from among the graduates are made each 
year. Surplus graduates who do not receive appointments are given a 
certificate of graduation, an honorable discharge, and one year's sea pay. 

Naval Militia, an adjunct of the United States navy, bear- 
ing a somewhat similar relation to that department as the 
military militia does to the army (See Militia). The duty 
of the naval militia in time of war is to man the coast and har- 
bor defense vessels, leaving the officers and men of the navy 
proper free to do offensive work. This militia also is expected 
to operate in boat squadrons with torpedoes against any hostile 
fleet in our waters. All matters pertaining to the naval militia 
come under the direction of the Assistant Secretary of the 
Navy, who transacts business with its various divisions through 
the Governors and Adjutants-General of the States. There 
are at present organizations as follows: 



State. 


Officers . 


Men. 


State. 


Officers. 


Men. 


California 


36 


378 
202 
200 
117 
636 
478 


Maine 


5 


63 


Connecticut 


19 


Maryland 


. . 22 ■ 


274 


Dist.of Columbia. 


14 
13 


Massachusetts. . . 


. . 35 


449 


Georgia 


Michigan 


. . 21 


413 


Illinois 


. 55 


Minnesota 

New Jersey 


. . 21 


113 


Louisiana 


. . 36 


, . 29 322 











Naval Reserve 




465 


Navigation Laws 




State. 


Officers. 


Men. 


State. 


Officers. 


Men. 


New York 

North Carolina. .. 
Ohio 


.. 47 

. . 35 

16 


581 
222 
138 


Pennsylvania. . . . 
Rhode Island. .. . 


8 
.. 15 


86 
186 









Naval Reserve. In the United States there is no naval 
reserve, as that term is understood in Europe. The nearest 
to it in our own country is the naval militia [q. v.].. In nations 
where there is* a naval reserve it is composed of men who have 
had experience in the various naval grades through compulsory 
enlistment and who are capable of performing regular duty if 
called into active service with the fleet. The naval militia of 
several of our States is called the naval reserve. 

Navigation Laws, the name applied to those acts of Con- 
gress which were designed to give this country and its ship- 
owners a monopoly, or at least a decided advantage, over its 
neighbors in its maritime commerce. The United States laws 
on this subject were nearly all passed between the years 1789 
and 1793, but they are so defective that they have failed to 
build up a coasting or foreign commerce to the proportions 
seen in other countries having more favorable statutes. At- 
tempts to put new legislation on the statute books have not 
met with success, principally because the sponsors have worked 
along the line of subsidies (See Subsidy), which appear not to 
be in favor with the masses. The present laws, in force for 
over one hundred years, with practically no revisions, embody 
the following provisions: 

1. No vessel can be called an American vessel unless wholly built 
on American territory and owned and officered by citizens of the United 
States. No other- is entitled to the protection of the American flag. 

2. Foreign vessels may not engage in our coatwise trade, either on 
the Atlantic or Pacific shores. If an American owner of a coasting vessel 
resides abroad for even a short period, his vessel is classed as foreign and 
thus is denied trading and carrying privileges. 

3. - Vessels may be constructed at home of duty-free material from 
foreign countries, if said vessel is intended to be used in foreign commerce. 
However, should the ship engage more than one-sixth of the time in coast- 
ing trade, the duty will be assessed and collected. 



Navy 



466 



Navy 



4. If an American ship undergoes repairs in a foreign port, it must 
pay duty upon said repairs when it reaches an American port. Restric- 
tions are placed upon repairs in our home ports with material of foreign 
manufacture. 

5. American vessels may unload at any port of entry in a customs 
district; foreign ships must deposit their cargoes at one designated port 
in each district. 

6. If an American vessel is sold to foreigners, it can never again sail 
under our flag. 

By these laws Congress has not. encouraged American 
capital to invest in ships and equipment for carrying on a great 
industry. The result is that nearly all the vessels which ply 
between the United States and foreign countries are owned and 
officered by Europeans. Our coasting trade is not half what 
it would be under more favorable laws. 

Navy. The entire marine military force of a country, 
equipped and drilled for purposes of offense and defense at sea, 
is called a navy [See Navy of the United States]. From earli- 
est days, navies have played very important parts in the history 
of the world. In ancient Greece, the boats of the navy, manned 
by rowers, were termed the "wooden walls" of Athens. From 
the triremes of thart day to the immense steel warships of this 
century, the story is one of continued development, keeping 
pace with the progress of civilization. Statistics on the naval 
armaments of the various nations for any one year are of little 
value twelve months afterwards; the great nations are con- 
stantly adding to their naval equipment, and each strives to 
outdo the others in the building of immense floating fortresses. 
A few years ago a warship of 10,000 tons was thought to be the 
limit of engineering skill. It was succeeded shortly by the 
12,000-ton monster, and today the 20,000-ton vessel is not rare. 
The naval equipment of the various nations of the world in 
1907 was as follows: 





First-class 
battle sliips. 


Second-class 
battle ships. 


First-class 
cruisers. 


Second-class 
cruisers. 


Country. 


No. 


Displace- 
ment. 
Tons. 

809,450 
375,847 
319,566 


No. 


Displace- 
ment. 
Tons. 


No. 


Displace- 
ment. 
Tons. 


No. 


Displace- 
ment. 
Tons. 


Great Britain 

United States 

Germany 


55 

27 
26 


11 
6 
9 


113,780 
23,546 
37,602 


48 

15 

9 


584,750 

186,595 

93,345 


27 
3 
6 


169,510 
20,620 
34,245 



Navy 



467 



Navy 





First-class 
battle ships. 


Second-class 
battle ships. 


First-class 
cruisers. 


Second-class 
cruisers. 


Country. 


No. 


Displace- 
ment. 
Tons. 


No. 


Displace- 
ment. 
Tons. 


No. 


Displace- 
ment. 
Tons. 


No. 


Displace- 
ment. 
Tons. 


France ... 


23 
13 

8 
8 


321,977 

190,844 

110,952 

95.418 


17 
3 
6 

7 


143,352 
18,590 

58,883 
85,640 


15 

13 

6 

7 


169,027 

138,012 

63,166 

61,250 


13 

4 
8 
3 


83 277 


Japan 

Russia 

Italy 


23,306 
52,610 
17,303 



Of third-class cruisers the same nations have 46, 14, 26, 22, 15, 2, and 14, in 
the order named above. 

Navy, Department of the. During Washington's two 
administrations, naval forces of the new republic were in charge 
of a bureau of the War Department, but in 1798 the Depart- 
ment of the Navy was organized . as one of the Executive de- 
partments, with the Secretary of the Navy at its head, who 
became thereby a member of the Cabinet of the President. 
The Secretary is appointed by the President, and this choice 
must be confirmed by the Senate. The Navy Department has 
entire charge of all the vessels forming the fighting arm of the 
Government, together with such auxiliary vessels as are neces- 
sary for the proper maintenance of a great fleet. It controls 
also navy yards and dockyards in every naval station belonging 
to this country, wherever they may be located. A very im- 
portant adjunct of this Department is the Hydrographic Office, 
which makes all the nautical charts, with sailing directions for 
use of all commanding officers of the various war vessels and 
auxiliaries. 

The Department is divided into bureaus; at the head of 
each is an officer of the navy, chosen from the officials ranking 
^ above Captain. They hold oflace for four years, and draw the 
pay allotted for sea service. The various bureaus of the De- 
partment are Yards and Docks, Navigation, Ordnance, Pro- 
visions and Clothing, Medicine and Surgery, Construction and 
Repair, Equipment and Recruiting, Steam Engineering; and 
there is a Judge- Advocate General and Commandant of the 
Marine Corps. The duties of the most important of these 
various bureaus are as follows: 

The Bureau of Yards and Docks. Vessels are built and repaired at 
navy yards, of which the Government has seven, viz., at Kittery, Me.; 
Charlestown, Mass.; Brooklyn, N. Y.; League Island, Pa.; Washington, 



Navy 468 Navy of the United States 

D. C; Norfolk, Va., and Mare Island, Cal. Besides these, there are naval 
stations at Newport, R. I.; Key West, Fla.; Pensacola, Fla.; Port Royal, 
S. C; Puget Sound, Wash.; New Orleans, La., and in our island possessions. 
This bureau has charge of the construction and maintenance of all docks, 
piers, buildings, etc., within the navy yards, and controls the general 
administration of the navy yards. 

The Bureau of Equipment. This bureau supplies vessels with 
rigging, sails, anchors, navigation stores of all kinds, fuel, etc. It has 
supervision of the Hydrographic Office, the Nautical Almanac, and the 
Naval Observatory. The observatory was established in 1842 under the 
name of "Depot for Naval Charts and Instruments." 

The Bureau of Navigation. This bureau promulgates and enforces 
the Secretary's orders to the fleets and officers of the navy; controls the 
Naval Academy and other naval schools; and has charge of the enlistment 
and discharge of sailors. It keeps a record of the services of all ships, 
officers, and men, and prepares and enforces all tactics, drill books, and 
signal codes. 

The Bureau of Ordnance. To this bureau belongs the general charge 
of the manufacture and purchase of guns and ammunition of every kind, 
torpedoes, war explosives, etc. Under its direction experiments are made 
to test new species of ordnance and ammunition. It determines the 
armament and distribution of armor for war vessels. 

The salary of the Secretary of the Navy was placed in 1798 
at $3,000; the next year it was raised to $4,000; in 1819, to 
$6,000; in 1853, to $8,000; and in 1873, to $10,000. The next 
year it was reduced to $8,000, and in 1897 was raised to $12,000, 
at the time the salaries of Congressmen, Supreme Court 
Justices and Cabinet officers were increased. See Secretary 
OF THE Navy. 

Navy, Enlistment in the. See Enlistment in Army 
AND Navy. 

Navy, Officers of the. See Officers of the Navy. 

Navy of the United States. The first steps toward the 
organization of a navy for the United States were taken nearly 
a year before the colonists declared themselves independent of 
British sovereignty. In the Continental Congress of 1775, a 
"Marine Committee" was appointed, and at the same time 
Congress authorized the building and equipment of two small 
armed vessels. This was the beginning of a navy which is now 
hardly inferior to that of any nation in the world, except Great 



Navy Yard 489 Nebraska 

Britain, and in equipment and organization is the peer of 
England. A tabular statement of the fighting strength of the 
United States Navy compiled in any one year becomes out of 
date within a very short time, because our navy is building 
rapidly and figures therefore mean little. Since about 1880, 
the plans of construction of naval vessels have undergone a 
remarkable change, and warships which at that period were con- 
sidered of the highest type are now obsolete and could render 
but very little service in stress of war. For comparative 
strength of the navies of the world, see Navy; see, also. Navy, 
Department of the. 

Navy Yard. Under the Department of the Navy there 
exists seven National Navy Yards, at which war vessels and 
auxiliaries may be built or repaired, and at which naval stores 
are kept. These yards are at Kittery, Maine; Charlestown, 
Massachusetts; Brooklyn, New York; League Island, Pennsyl- 
vania; Washington, D. C; Norfolk, Virginia, and Mare Island, 
California. The Navy Yard at Kittery is the same as that 
known as the Portsmouth Navy Yard, at which the Peace Con- 
ference was held in 1896, which resulted in a treaty which 
formally closed the war between Japan and Russia. See Navy, 
Department of the. 

Nay. See Yea and Nay Vote. 

Nebraska. The present State of Nebraska was a part of 
the Louisiana Purchase of 1803; it was attached to that section 
which in 1804 was organized as the District of Louisiana, and 
after 1812 transferred to Missouri Territory. After the 
admission of Missouri in 1821, this region remained without 
any organization for over thirty years. In 1853 a bill to 
organize the Territory of Nebraska passed the House of Rep- 
resentatives, but was not acceptable to the Senate. In 1854, 
however, a bill was passed known as the Kansas-Nebraska 
Bill, organizing the two Territories of Kansas and Nebraska, 
with provisions regarding slavery which were directly at 
variance with the Missouri Compromise (See Kansas-Ne- 
braska Bill; Missouri Compromise). Nebraska became the 
thirty-seventh State of the Union on March 1, 1867. 



Nepotism 



470 



Neutrality 




Government. The present Constitution is the second, and 
was adopted in 1875; to it have been added a number of amend- 
ments. Amendment is possible only by a vote of three-fifths 
of the members of each House of the Legislature, and subse- 
quently by a majority vote of all the electors of the State. 
Male citizens of the United States may vote who have resided 
in the State for six months; in cities having 2,500 population or 
more registration of voters is required. The Legislature con- 
sists of a Senate of 33 members, and a House of Representatives 
of 100 members, all chosen for two 
years. Sessions are held biennially 
and are limited to 30 days; the pay 
of members is $5.00 per day during 
sessions, and mileage. The Executive 
officers are the Governor, Lieutenant- 
Governor, Secretary of State, Auditor, 
Treasurer, Attorney-General, Superin 
tendent of Public Instruction and 
Commissioner of Survey of Lands, 
each chosen by vote for two years. 

The Judicial authority is vested in a Supreme Court of 
three Justices, elected for terms of six years; in District 
courts, each having one Judge, elected for four years; in 
County courts, each having one Judge, elected every two 
years; there are also Justices of the Peace, and in larger 
cities police magistrates. 

Nepotism. Nepotism is a word taken from the Latin 
nepos, meaning nephew. In government and business, nepot- 
ism is favoritism extended by officials having appointing power, 
who exercise this power by placing their relatives in remunera- 
tive positions. The practice is severely condemned for reasons 
of public policy, and officials are less inclined year by year to 
incur the criticism of the people by making such selections of 
their subordinates. 

Neutrality. A person who is neutral is one who refrains 
from aiding or interfering in controversies between other people. 
Neutrality applied to a nation refers to that attitude by which 



STATE SEAL OF NEBRASKA. 



Nevada 471 Nevada 

it considers itself bound in strict justice to favor neither of two 
nations engaged in war against each other. Not only must a 
neutral power preserve its neutrality inviolate, but it must use 
its best offices to keep other countries strictly neutral. The 
contending parties have a right under international law to this 
course of action on the part of all other nations. On the other 
hand, the contestants must respect the inviolability of all neu- 
tral territory. If any favors be granted one contestant by any 
nation, the same favor must be shown the other contestant; 
there must be no partiality in dealing with the contending forces. 
War vessels with their prizes may enter neutral European ports 
unless forbidden to do so, but the laws of the United States 
forbid such entrance. It is recognized throughout the world 
that a neutral flag protects both vessel and cargo, except articles 
which are contraband of war [q. v.], and that neutral goods, 
with the same exception, are protected even on a vessel of one 
of the belligerant nations. No neutral vessel can object to 
being stopped on the high seas and submitted to reasonable 
search and examination, in the effort to discover whether or not 
it is carrying materials in violation of its neutrality. If two 
warships of opposing nations meet in neutral ports, it must be 
on a basis of outward friendliness; they must preserve the peace 
while in the waters of a friendly nation, and hostilities must 
not be resumed until each reaches a point three miles from the 
coast line. See High Seas. 

Nevada. Franciscan friars were the first Europeans to 
visit what is now Nevada. The first exploring party of im- 
portance was led by John C. Fremont, in 1843, and the first 
settlement was a trading post founded by the Mormons in 
1849. In 1848 this territory came into our control by terms 
of the treaty closing the Mexican War. In 1850 the region be- 
tween the parallel of 37 degrees and 45 degrees north latitude 
was organized as Utah Territory. The western part of this 
territory was poorly cared for by the Territorial Govern- 
ment, and as a remedy asked for annexation to California. 
This was not granted. In 1861 separation from Utah was 
secured; in 1864 the Territory framed a Constitution and Con- 



Nevada 472 Nevada 

gress admitted it as the thirty-sixth State of the Union, in 
October of that year. The industry of silver mining attracted 
a large population to the State, but with the decrease in 
production of silver the State has lost steadily in population, 
until now its numerical strength is not sufficient to entitle it 
to one Representative in Congress; however, having received 
Statehood, there is no power which can reduce it to the 
status of a Territory. 

Government. The present Constitution is the one adopted 
previous to admission as a State, but 
it has received various amendments. 
Amendment is possible by the vote of 
the majority of the members of each 
House of two successive Legislatures, 
with subsequent ratification by 
majority vote of the people. Male 
citizens may vote provided they 

have resided in the State six months g^^^j, gj,.^^ of nevada. 
and in the county thirty days. The 

Legislature is composed of a Senate of 17 members elected for 
four years, and a House of Representatives of 39 members, 
elected for two years. The Constitution provides that the 
Legislature may never have more than 75 members. The 
Senate must never be less than one-third nor more than one- 
half the number of Representatives. Sessions of thQ Legisla- 
ture occur every two years, and are limited to sixty days. 
Members receive $8.00 per day while in attendance, and a sum 
not to exceed $60 for perquisites and mileage. The State 
officers are the Governor, Lieutenant-Governor, Secretary of 
State, Treasurer, Comptroller, Surveyor-General, Attorney- 
General and Superintendent of Public Instruction, all chosen 
by vote for terms of four years. The Judicial department is 
composed of a Supreme Court of three members, elected for 
four years; District Courts, each presided over by one Judge, 
elected for four years; there are also in each county Justices of 
the Peace. The Legislature is empowered to establish munici- 
pal courts in cities. 




New England Confederation 473 New England Confederation 

New England Confederation. In 1620 the Pilgrim Fathers 
landed at Plymouth, prepared to enter upon self-government, 
the basis of which was the Compact of the Pilgrims [q. v.]. 
Twenty- three years after, in 1643, these Puritans with their 
descendants and such new settlers as were allied with them in 
religious thought and political action framed and adopted the 
Articles of Confederation of the United Colonies of New Eng- 
land. The colonies that entered into this confederation were 
Massachusetts, New Plymouth, New Haven and Connecticut. 
Maine and Rhode Island were not permitted to join them, owing 
to differences in religious belief, Maine having adopted the 
creed of the Episcopal Church, and Rhode Island having opened 
its territory as an asylum for all persons of any or no religion. 
The Confederation was very beneficial to the colonists until 
about 1665. Thereafter for another twenty years its influence 
waned, and it finally passed out of existence in 1684. The 
causes, purposes, powers and duties of the Confederation are 
clearly stated in the Articles. They are worth the serious con- 
sideration of any student of government today, and are printed 
below : 

1643 — Articles of Confederation — 1643. 

Between the plantations vnder the Gouernment of the Massachusetts, 

the Plantacons under the Gouernment of New Plymouth, the Plantacons 

vnder the Gouernment of Connectacutt and the Gouernment of New 

Haven with the Plantacons in combinacon therewith. 

Whereas wee all came into these parts of America with one and the 

same end and ayme, namely, to advance the kingdome of our Lord Jesus 

Christ, and to enjoy the liberties of the Gospell in puritie with peace. And 

whereas in our settleinge (by a wise Providence of God) we are further 

dispersed vpon the Sea Coasts and Riuers then was at first intended, so 

that we cannot according to our desire, with convenience communicate 

in one Gouernment and Jurisdiccon. And whereas we live encompassed 

with people of seuerall Nations and Strang languages which hereafter may 

proue injurious to vs or our posteritie. And forasmuch as the Natives 

have formerly committed sondry insolences and outrages vpon seueral 

Plantacons of the English and have of late combined themselues against 

vs. And seeing by reason of those sad Distraccons in England, which they 

have heard of, and by which they know we are hindred from that humble 

way of seekinge advise or reapeing those comfortable fruits of protection 

which at other tymes we might well expecte. Wee therefore doe conceiue 



New England Confederation 474 New England Confederation 



it our bounden Dutye without delay to enter into a present consotiation 
amongst our seules for mutual help and strength in all our future con- 
cernements: That as in Nation and Religion, so in other Respects we bee 
and continue one according to the tenor and true meaninge of the ensuing 
Articles: Wherefore it is fully agreed and concluded by and betweene 
the parties or Jurisdiccons aboue named, and they joyntly and seuerally 
doe by these presents agreed and concluded that they all bee, and hence- 
forth bee called by the Name of the United Colonies of New-England. 

II. The said United Colonies, for themseules and their posterities, 
do joyntly and seuerally, hereby enter into a firme and perpetuall league 
of friendship and amytie, for offence and defence, mutuall advise and 
succour, vpon all just occations, both for preserueing and propagateing 
the truth and liberties of the Gospel, and for their owne mutuall safety 
and wellfare. 

III. It is further agreed That the Plantacons which at present are 
or hereafter shalbe settled within the limmetts of the Massachusetts, 
shalbe forever vnder the Massachusetts, and shall have peculiar Juris- 
diccon among themseules in all cases as an entire Body, and that Plymouth, 
Connecktacutt, and New Haven shall eich of them haue like peculiar 
Jurisdiccon and Gouernment within their limmetts and in referrence to 
the Plantacons which already are settled or shall' hereafter be erected or 
shall settle within their limmetts respectiuely; prouided that no other 
Jurisdiccon shall hereafter be taken in as a distinct head or member of this 
Confederacon, nor shall any other Plantacon or Jurisdiccon in present 
being and not already in combynacon or vnder the Jurisdiccon of any of 
these Confederats be received by any of them, nor shall any two of the 
Confederats joyne in one Jurisdiccon without consent of the rest, which 
consent to be interpreted as is expressed in the sixth Article ensuinge. 

IV. It is by these Confederats agreed that the charge of all just 
warrs, whether offensiue or defensiue, upon what part or member of this 
Confederaccon soever they fall, shall both in men and provisions, and all 
other Disbursements, be borne by all the parts of this Confederacon, in 
different proporcons according to their different abilitie, in manner follow- 
ing, namely, that the Commissioners of eich Jurisdiccon from tyme to 
tyme, as there shalbe occation, bring a true account and number of all the 
males in every Plantacon, or any way belonging to, or under their seuerall 
Jurisdiccons, of what quality or condicion soeuer they bee, from sixteene 
yeares old to threescore, being Inhabitants there. And That according 
to the different numbers which from tyme to tyme shalbe foimd in eich 
Jurisdiccon, upon a true and just account, the service of men and all 
charges of the warr be borne by the Poll; Eich Jurisdiccon, or Plantacon, 
being left to their owne just course and custome of rating themselues and 
people according to their different estates, with due respects to their 
qualities and exemptions among themseules, though the Confederacon 



New England Confederation 475 New England Confederation 

take no notice of any such priviledg: And that according to their different 
charge of eich Jurisdiccon and Plantacon, the whole advantage of the 
warr, (if it please God to bless their Endeavours) whether it be in lands, 
goods or persons, shall be proportionably deuided among the said Con- 
federats. 

V. It is further agreed That if any of these Jurisdiccons, or any 
Plantacons vnder it, or in any combynacon with them be envaded by any 
enemie whomsoeuer, vpon notice and request of any three majestrats of 
that Jurisdiccon so invaded, the rest of the Confederates, without any 
further meeting or expostulacon, shall forthwith send ayde to the Con- 
federate in danger, but in different proporcons; namely, the Massachusetts 
an hundred men sufficiently armed and provided for such a service and 
jorney, and eich of the rest fourty-fiue so armed and provided, or any 
lesse number, if lesse be required, according to this proporcon. But if 
such Confederate in danger may be supplyed by their next Confederate, 
not exceeding the number hereby agreed, they may craue help there, and 
seeke no further for the present. The charge to be borne as in this Article 
is exprest: And, at the returne, to be victualled and supplyed with poder 
and shott for their journey (if there be neede) by that Jurisdiccon which 
employed or sent for them: But none of the Jurisdiccons to exceed these 
numbers till by a meeting of the Commissioners for this Confederacon a 
greater ayd appeare necessary. And this proporcon to continue, till upon 
knowledge of greater numbers in eich Jurisdiction which shalbe brought 
to the next meeting some other proporcon be ordered. But in any such 
case of sending men for present ayd whether before or after such order or 
alteracon, it is agreed that at the meeting of the Commissioners for this 
Confederacon, the cause of such warr or invasion be duly considered: 
And if it appeare that the fault lay in the parties so invaded, that then 
that Jurisdiccon or Plantacon make just Satisfaccon, both to the Invaders 
whom they have injured, and beare all the charges of the warr themselves 
without requireing any allowance from the rest of the Confederats towards 
the same. And further, that if any Jurisdiccon see any danger 
of any Invasion approaching, and there be tyme for a. meeting, 
that in such case three majestrats of that Jurisdiccon may summon 
a meeting at such convenyent place as themselues shall think 
meete, to consider and provide against the threatned danger. Pro- 
vided when they are met they may remoue to what place they please, 
Onely whilst any of these foure Confederats have but three majestrats in 
their Jurisdiccon, their request or summons from any two of them shalbe 
accounted of equall force with the three mentioned in both the clauses of 
this Article, till there be an increase of majestrats there. 

VI. It is also agreed that for the managing and concluding of all 
affairs proper and concerneing the whole Confederacon, two Commis- 
sioners shalbe chosen by and out of eich of these foure Jurisdiccons, namely, 



New England Confederation 476 New England Confederation 



two for the Massachusetts, two for Plymouth, two for Connectacutt, and 
two for New Haven; being all in Church fellowship with us, which shall 
bring full power from their seuerall generall Courts respectively to heare, 
examine, weigh and determine all affaires of our warr or peace, leagues, 
ayds, charges and numbers of men for warr, divission of spoyles and what- 
soever is gotten by conquest, receiueing of more Confederats for plantacons 
into combinacon with any of the Confederates and all thinges of like 
nature which are the proper concomitants or consequence of such a con- 
federacon, for amytie, offence and defence, not intermeddleing with the 
gouernment of any of the Jurisdiccons which by the third Article is pre- 
serued entirely to themselves. But if these eight Commissioners, when 
they meete, shall not all agree, yet it is concluded that any six of the eight 
agreeing shall have power, to settle and determine the business in question : 
But if six do not agree, that then such proposicons with their reasons, 
so farr as they have beene debated, be sent and referred to the foure 
generall Courts, vist., the Massachusetts, Plymouth, Cannectacutt and 
New Haven: And if at all the said Generall Courts the businesse so referred 
be concluded, then to bee prosecuted by the Confederates and all their 
members. It is further agreed that these eight Commissioners shall meete 
once every yeare, besides extraordinary meetings (according to the fift 
Article) to consider, treate and conclude of all affaires belonging to this 
Confederacon, which meeting shall ever be the first Thursday in September. 
And that the next meeting after the date of these presents, which shalbe 
accounted the second meeting, shalbe at Bostone in the Massachusetts, 
the third at Hartford, the fourth at New Haven, the fift at Plymouth, the 
sixt and seaventh at Bostone. And then Hartford, New Haven and 
Plymouth, and so in course successiuely, if in the meane tyme some middle 
place be not found out and agreed on which may be commodious for all 
the jurisdiccons. 

VII. It is further agreed that at eich meeting of these eight Com- 
missioners, whether ordinary or extraordinary, they, or six of them 
agreeing, as before, may choose their President out of themseules, whose 
office and. work shalbe to take care and direct for order and a comely 
carrying on of all proceedings in the present meeting. But he shalbe 
invested with no such power or respect as by which he shall hinder the 
propounding or progresse of any businesse, or any way cast the Scales, 
otherwise then in the precedent Article is agreed. 

VIII. It is also agreed that the Commissioners for this Confederacon 
hereafter at their meetings, whether ordinary or extraordinary, as they 
may have commission or opertunitie, do endeavoure to frame and establish 
agreements and orders in generall cases of a civill nature where in all the 
plantacons are interested for preserving peace among themselues, and 
preventing as much as may bee all occations of warr or difference with 
others, as about the free and speedy passage of Justice in every Jurisdiccon, 



New England Confederation 477 New England Confederation 



to all the Confederats equally as their owne, receiving those that remoue 
from one plantacon to another without due certef ycates ; how all the Juris- 
diccons may carry it towards the Indians, that they neither grow insolent 
nor be injured without due satisfaccion, lest warr break in vpon the Con- 
federates through such miscarryage. It is also agreed that if any servant 
runn away from his master into any other of these confederated Juris- 
diccons, That in such Case, vpon the Certyficate of one Majistrate in the 
Jurisdiccon out of which the said servant fled, or upon other due proofe, 
the said servant shalbe deliuered either to his Master or any other that pur- 
sues and brings such Certificate or proofe. And that vpon the escape of 
any prisoner whatsoever or fugitiue for any criminal cause, whether break- 
ing prison or getting from the officer or otherwise escaping, upon the certi- 
ficate of two Majistrats of the Jurisdiccon out of which the escape is made 
that he was a prisoner or such an offender at the tyme of the escape. The 
Majistrates or some of them of that Jurisdiccon where for the present the 
said prisoner or fugitive abideth shall forthwith graunt such a warrant as 
the case will beare for the apprehending of any such person and the delivery 
of him into the hands of the officer or other person that pursues him. And 
if there be help required for the safe returneing of any such offender, 
then it shalbe graunted to him that craves tlie same, he paying the charges 
thereof. 

IX. And for that the justest warrs may be of dangerous conse- 
quence, espetially to the smaler plantaeons in these vnited Colonies, It 
is agreed that neither the Massachusetts, Plymouth, Connectacutt nor 
New Haven, nor any of the members of any of them shall at any tyme 
hereafter begin, undertake, or engage themselues or this Confederacon, 
or any part thereof in any warr whatsoever (sudden exegents with the neces- 
sary consequents thereof excepted, which are also to be moderated as much 
as the case will permit) with out the consent and agreement of the fore- 
named eight Commissioners, or at least six of them, as in the sixt Article 
is provided: And that no charge be required of any of the Confederats in 
case of a defensiue warr till the said Commissioners haue mett and approued 
the justice of the warr, and have agreed vpon the sum of money to be levyed 
which sum is then to be payd by the severall Confederates in proporcon 
according to the fourth Article. 

X. That in extraordinary occations when meetings are summoned 
by three Majistrats of any Jurisdiccon, or two as in the fift Article, If 
any of the Commissioners come not, due warneing being given or sent, 
It is agreed that foure of the Commissioners shall have power to direct 
a warr which cannot be delayed and to send for due proporcons of men out 
of eich Jurisdiccon, as well as six might doe if all mett; but not less than 
six shall determine the justice of the warr or allow the demanude of bills 
of charges or cause any levies to be made for the same. 



New England Confederation 478 New England Confederation 

XI. It is further agreed that if any of the Confederates shall here- 
after break any of these present Articles, or be any other wayes injur- 
ious to any one of thother Jurisdiccons, such breach of Agreement, or injuria 
shalbe duly considered and ordered by the Commissioners for thother 
Jurisdiccons, that both peace and this present Confederation may be 
entirely preserued without violation. 

XII. Lastly, this perpetuall Confederacon and the several Articles 
and Agreements thereof being read and seriously considered, both by 
the Generall Court for the Massachusetts, and by the Commissioners 
for Plymouth, Connectacutt and New Haven, were fully allowed and 
confirmed by three of the forenamed Confederates, namely, the Massa- 
chusetts, Connectacutt, and New Haven, Onely the Commissioners 
for Plymouth, having no Commission to conclude, desired respite till 
they might advise with their General Court, where vpon it was agreed 
and concluded by the said Court of the Massuchusetts, and the Com- 
missioners for the other two Confederates, That if Plymouth Consent, 
then the whole treaty as it stands in these present articles is and shall 
continue firme and stable without alteracon : But if Plymouth come 
not in, yet the other three Confederates doe by these presents confirme 
the whole Confederacon and all the Articles thereof, onely, in September 
next, when the second meeting of the Commissioners is to be at Bostone, 
new consideracon may be taken of the sixt Article, which concemes number 
of Commissioners for meeting and concluding the affaires of this Confeder- 
acon to the satisfaccon of the court of the Massachusetts, and the Commis- 
sioners for thother two Confederates, but the rest to stand vnques- 
tioned. 

In testymony whereof, the Generall Court of Massachusetts by 
their Secretary, and the Commissioners for Connectacutt and New Haven 
haue subscribed these presente articles this xixth of the third month, com- 
monly called May, Anno Domini, 1643. 

At a Meeting of the Commissioners for the Confederacon, held at 
Boston the Seaventh of September. It appeareing that the Generall Court 
of New Plymouth, and the severall Towneships thereof have read, con- 
sidered and approoued these articles of Confederacon, as appeareth by 
Commission for their Generall Court beareing Date of xxixth of August, 
1643, to Mr. Edward Winslowe and Mr. Will Collyer, to rat if ye and con- 
firme the same on their behalf, wee therefore, the Commissioners of the 
Massachusetts, Connecktacutt and New Haven, doe also for our seuerall 
Gouernments, subscribe vnto them. 

John Winthrop, 

Governor of Massachusetts. 
Tho. Dudley, Theoph Eaton, 

Geo. Fenwick, Edwa Hopkins. 

Thos. Gregson, 




New Hampshire 479 New Jersey 

New Hampshire. The present State was included in the 
tract named in the First Charter of Virginia, in 1606, and it 
was also a part of the grant to the Plymouth Company in 1620. 
The first settlement was made in 1622, and others followed 
rapidly. These were all practically independent and under 
separate government. In 1680 a Colonial Government was 
organized. Early in 1775 it declared for independence, and it 
was the first of the colonies to adopt a Constitution. In 1788 
the State ratified the new Constitution of the United States. 

Government. This State has had 
but one Constitution, adopted in 
1792, but it has received numerous 
amendments. The revision of the Con- 
stitution rests with the people, to 
whom the question is submitted every 
seven years; if by majority vote the 
people favor revision, a convention is 

called for that purpose. The Legislative state seal of new 

power is vested in a Senate of 24 Hampshire. 

members, chosen from as many districts, and from 390 to 400 
Representatives, each town or city having 600 inhabitants 
being entitled to a member. Members of both Houses are 
chosen every two years, in town meetings. Sessions of the 
Legislature are held biennially, and members receive $200 per 
year. The Executive department is headed by the Governor 
and Council of five members, all elected every two years. The 
other State officers are chosen by joint ballot of both Houses 
of the Legislature. The Judicial department is composed of a 
Supreme Court, and Superior, County, Probate and Police 
courts. The Supreme Court has five Judges, appointed by the 
Governor and Council. 

New Jersey. The earliest settlements here were made by 
the Swedes and the Dutch about 1625; the right of the Dutch 
to control was established by the expedition of Peter Stuyve- 
sant. Governor of New Netherlands, in 1655. The King of 
England in 1664 gave this region to the Duke of York, who 
took possession of it the next year. His authority was dis- 




New Mexico 480 New Mexico 

puted by the Dutch until 1674, when by treaty it passed into 
the hands of the English. In 1776 New Jersey declared the 
King's authority at an end and adopted a State Constitu- 
tion. In 1787 it ratified the Federal Constitution, being the 
third among the colonies to do so. 

Government. The present Constitution was adopted in 
1844, and has been amended twice. This document may re- 
ceive amendments by the majority of the members elected to 
each of the two Houses of two successive Legislatures, followed 
by ratification by majority vote at 
a State election. Amendments may 
not be offered more frequently than 
once in five years. The Legislative 
Department consists of a Senate of 21 
members, elected for three years, one- 
third being chosen each year, and a 
General Assembly of 60 members, 
elected for one year. Sessions are held state seal of new jersey. 
annually, and members receive $500 

per year. The Governor is elected by the people for three 
years, and is not eligible to re-election. The Secretary of State 
and Attorney-General are appointed by the Governor and 
Senate for terms of five years. The Treasurer and Controller 
are chosen by the Senate and General Assembly in joint session, 
for terms of three years. The Judicial Department is composed 
of a Supreme Court of nine members, a court of Errors and 
Appeals composed of seven members; a court of Chancery and 
Orphans' court; Circuit and County courts and Justices of the 
Peace. 

New Mexico. What is now New Mexico was originally a 
part of a vast territory whose original owner was Spain, who 
held it by virtue of the explorations of Narvaez in 1528. Twelve 
years later the same section was explored by Coronado. By 
1630 the Spaniards had established more than fifty missions in 
what is now New Mexico and Arizona. It is not known when 
Santa Fe, the capital, was settled; the date is variously placed 
from 1598 to 1616. Spain retained possession until 1821, when 



New York 481 New York 

New Mexico secured its independence, and came under the 
ownership of what is now the Repubhc of Mexico. At the close 
of our war with Mexico, all the Mexican possessions north of the 
Rio Grande river became the property of the United States, 
with the exception of a parcel afterward included in the Gads- 
den Purchase. A Territorial form of government was granted 
by Congress in 1863, at which time the Territory of Arizona 
was formed from the western half of New Mexico. Recently 
efforts have been made to secure admission to the Union, but 
each has been unsuccessful. 

Government. The act of Congress under which the Terri- 
tory was organized provided for a Legislature consisting of a 
Council of 12 members, and a House of Representatives of 24 
members, all elected for two years. Sessions are held bienni- 
ally and are limited to 60 days, and the Legislative acts before 
becoming effective must be submitted to Congress for approval. 
The Governor receives his appointment from the President of 
the United States for a term of four years. The Senate must 
concur. The Secretary of the Territory, the Treasurer, Auditor, 
Adjutant-General and Attorney-General receive appointment 
in the same manner, as do the six Justices of the Supreme 
Court, which is the head of the Judicial Department. In the 
Judiciary system there are six District courts, each being pre- 
sided over by one Supreme Judge; and there are County and 
Probate courts and Justices of the Peace. 

New York. What is now New York was justly claimed by 
the English because of the explorations of John and Sebastian 
Cabot, just previous to the year 1500. However, the Dutch 
established claim of ownership through the explorations of 
Henry Hudson, an Englishman in their service. He discovered 
and named Hudson River, in 1609, and this led to the estab- 
lishment of trading posts on Manhattan Island. The English, 
during this period, did not relinquish their claims, and in 
1664 Charles II of England gave New Netherlands to his 
brother, the Duke of York, and the Dutch surrendered in the 
face of overpowering force. In 1683 the first Colonial Assembly 
was called; it was revived in 1689 and was a factor in the 



Nicknames of Noted Men 



482 



Nicknames of Noted Men 




STATE SEAL OF NEW YORK. 



English rule of the colony until the Revolutionary War. 
The beginning of the State Government dates from 1776; 
when a convention met to discuss the stirring events of the 
year. The first State Constitution was adopted in 1777, and 
remained in force nearly fifty years. 

Government. The second Constitution was adopted in 
1822 and amended in 1826; the third Constitution was adopted 
in 1846, and the fourth in 1894. It may be amended by the 
majority of each of two successive Legislatures, if ratified by 
the majority of the votes cast at a 
State election. After 1916 the ques- 
tion of amendment of the Constitution 
must be submitted to the voters of the 
State every twenty years. All male 
citizens of the United States may vote 
provided they have been in the State 
one year, in the county four months 
and in the election district thirty 
days. Every voter must register. The 
Legislature consists of a Senate of 50 members, chosen for two 
years, and an Assembly, or House of Representatives, of 150 
members, elected annually. Regular sessions are held annually 
and are not limited in length. Members receive $1,500 per 
year. The officers of the State are the Governor, Lieutenant- 
Governor, Secretary of State, Controller, State Engineer and 
Surveyor. The Governor appoints members of administrative 
boards. The Judicial authority is vested in a Court of Appeals 
of 7 justices, each elected for fourteen years; in a Supreme Court 
of 76 justices, elected for fourteen years, each Justice having 
jurisdiction in all parts of the State; in four appellate divisions 
of the Supreme Court and in County and City courts and 
Justices of the Peace. There is, also, a Court of Claims pre- 
sided over by three Justices, appointed by the Governor. 

Nicknames of Noted Men. A great variety of causes leads to 
the application of strange nicknames to noted people. Some 
are bestowed in admiration; others in opprobrium. A few of 
the nicknames of prominent Americans are the following: 



Nicknames of the States 



483 



Nominating Convention 



Washington. .The Father of his Country. 

J. Q. Adams. . Old Man Eloquent. 

Jefferson The Sage of Monticello. 

Jackson Old Hickory. 

Polk Young Hickory. 

Clay Great Pacifier. 

Taylor Old Rough and Ready. 

Webster Expounder of the Consti- 
tution 

U. S. Grant. .Unconditional Surrender 
Grant. 

Franklin Poor Richard. 

Randolph. . . . Political Meteor. 

T. J. Jackson Stonewall. 



Lincoln. 



Van Buren. . 
Jas. Madison 
J Buchanan 
Garfield. . . . 
S. P.Chase. . 
S. A. Douglas 
W. Irving. . . . 

Clay 

J. G. Blaine. . 
Cleveland. . . . 
B. Harrison. . 
T. Roosevelt. 



Honest Abe; Father 

Abraham. 
The Little Magician. 
Father of the Constitution. 
Old Public Functionary. 
Martyr President. 
.Father of Greenbacks. 
Little Giant. 

Prince of American Letters 
Mill Boy of the Slashes. 
Plumed Knight. 
Man of Destiny. 
Son of his Grandfather. 
Teddy. 



Nicknames of the States. Many peculiar names, without 
meaning to the average reader, perhaps, are appHed to the 
various States. Sometimes two or three names are given one 
State; all are the outgrowth of local conditions. The list is 
appended : 



State. Nickname. 

Alabama Cotton State. 

Arizona 

Arkansas Bear State. 

California Golden State. 

Colorado Centennial State. 

Delaware Blue Hen State. 

Florida Peninsula State. 

Georgia Cracker State. 

Idaho 

Illinois Sucker State. 

Indiana Hoosier State. 

Iowa Hawkeye State. 

Kansas Sunflower State. 

Kentucky Blue Grass State. 

Louisiana Pelican State. 

Maine Pine Tree State. 

Maryland Old Line State. 

Massachusetts. . .Bay State. 

Michigan Wolverine State. 

Minnesota Gopher State. 

Mississippi Bayou State. 

Montana Stub Toe State. 

Missouri 



State. Nickname. 

Nebraska 

Nevada Silver State. 

New Hampshire. .Granite State. 

New Jersey Jersey Blue State. 

New York Empire State. 

North Carolina. . Old North State. 
North Dakota. . .Flickertail State. 

Ohio Buckeye State. 

Oklahoma 

Oregon Beaver State. 

Pennsylvania. . . . Keystone State. 
Rhode Island. . . Little Rhody. 
South Carolina. . Palmetto State. 
South Dakota. . . 

Tennessee Big Bend State. 

Texas Lone Star State. 

Utah 

Vermont Green Mountain State. 

Virginia The Old Dominion. 

Washington Chinook State. 

West Virginia. . . The Panhandle. 
Wisconsin Badger State. 



Nominating ConVention. In a republican form of gov- 
ernment an essential to the stability of its institutions is that 
all government operations begin with the people, even to the 
remotest sections of the country. Rule is exercised in every 
department of the Government through officers elected by the 
people or appointed by those who have secured their power 
from the people. Every citizen of the United States of the age 
of twenty-one years or over is privileged, with his fellows, to 
inaugurate any political movement. To carry to success any 
such movement requires the election of officers in sympathy 
with it. Therefore, nominating conventions, at which candi- 
dates for office are selected, become of great importance to 



Nominee 484 Non=Irnportation Acts 

every citizen. If a reform is sought in the State Government, 
plans for carrying it to success must originate with county and 
township voters. The electors of the township will meet in 
township caucus or convention and choose delegates to a 
county convention who are in sympathy with the proposed 
movement; when the county convention meets, if the advocates 
of this movement are sufficiently strong, they may select as 
delegates to the State convention only those who will further 
the interests of this propaganda. Similar action being taken 
in all the counties of the State, when the delegates reach the 
State convention the movement has assumed proportions 
which may carry its policies to successful issue. If every 
citizen who favors good government would habitually attend 
his local primaries, his township conventions and his county 
conventions, and work for the interests which he deems impor- 
tant to the welfare of his country, no influence of evil could 
long enjoy ascendancy. See National Convention. 

Nominee. See Candidate. 

Nonfeasance is neglect or failure to perform some act which 
one is bound as a matter of official or legal duty to perform. 

Non'=Iniportation Acts, agreements among the colonies of 
England in America, declaring against the importation of 
British merchandise, in retaliation against the policy of taxation 
employed by Great Britain in dealing with its American sub- 
jects. During the Stamp Act excitement, in 1765, the element 
opposed to the Crown in a number of {he colonies voted to 
refrain from purchasing British goods; by the close of 1769 all 
the thirteen colonies, owing to continued ill-treatment from 
official England, had pledged themselves to carry out the policy 
of non-importation. Fidelity to this agreement was considered 
a test of patriotism. Parliament finally withdrew the tax on 
all merchandise except tea, retaining it on one article to justify 
its right to impose a tax. Many people desired to accept the 
mild condition thus imposed, but the Continental Congress, in 
1774, resolved "that from and after the first day of December 
next, there be no importation into British America, from Great 
Britain or Ireland, of any goods, wares or merchandise whatever. 



Non=Intercourse Act 485 North Carolina 

or from any other place of any such goods, wares or merchan- 
dises as shall have been exported from Great Britain or Ireland, 
and that no such goods, wares or merchandises imported after 
the first day of December next be used or purchased." This 
act stood with but slight modification until 1806, but in that 
year was suspended, the Embargo Act being passed to meet 
altered conditions. 

Non=Intercourse Act. An act of a Legislative body which 
prohibits commercial intercourse with any particular -nation or 
nations in time of war, or when public safety is thought to be 
endangered, is called a Non-Intercourse Act. When in force 
no vessels can leave port bound for any nation under the ban 
of the act, nor can there legally be any communication between 
the countries affected. When the prohibition is directed against 
all foreign countries, without exception, it is called an Embargo 
Act. See Embargo. 

Non=Interference. The United States has always held that 
as a sovereign power, far separated geographically from other 
sovereign States, we have neither occasion nor right to become 
entangled with the affairs of other nations of the world; and 
since 1823 v^e have assumed that because of this policy of non- 
interference foreign States owe it to us to abstain from attempts 
to dictate the policy of any American country, in either conti- 
nent. See Monroe Doctrine. 

There was a doctrine of non-interference in certain of our 
domestic relations, due to the slavery question, prior to the 
Civil War. Its supporters advanced the plea that Congress 
had no right to interfere with slavery in any State or Territory, 
but that the slave traffic was a local issue, to be determined in 
each Commonwealth by vote of the majority of its own people. 

North Carolina. The first attempts to effect a settlement 
in this State were made by Sir Walter Raleigh, in 1584-1585. 
Both were unsuccessful. The third attempt, two years later, 
bid fair to succeed, but in four years had entirely disappeared. 
The first permanent settlements were made in 1664 and 1680, 
the latter on the present site of Charleston. In 1669 John Locke 
drew up a plan of government for North and South Carolina, 



North Carolina 



486 



North Carolina 




which has been known to this day as the "Grand Model" [q. v.]; 
it was a failure as an instrument of government. The first 
Revolutionary body to meet in North Carolina was the first 
Provincial Congress, in 1774. This body elected delegates to 
the Continental Congress. The next year an Assembly at 
Charlotte passed resolutions annulling the recent Government 
in the colony [see Mecklenburg Declaration]. North Caro- 
lina ratified the United States Constitution in November, 1789. 
It joined the Confederacy, but returned to the Union in 1869, 
in which year a new Constitution was adopted. 

Government. The State is now 
governed under the Constitution of 
1868, as amended in 1900. This 
amendment contains what is known 
as the "Grandfather Clause," whose 
object is to limit negro suffrage. The 
Constitution may be amended by 
vote of two-thirds of each House of the 
Legislature and by ratification by the 
people at a subsequent election. Male 
citizens of the United States may vote, providing they have 
been in the State two years, in the county six months and in 
the election precinct four months. Registration is required of 
all voters. In order to register, the voter must have paid his 
poll tax and unless he was privileged to vote prior to 1867, or is 
a descendant of a person who was a legal voter at that date, he 
must be able to read and write any section of the Constitution. 
The above is the amendment of 1900. The Legislature is called 
the General Assembly, and consists of 50 Senators and 120 
Representatives, chosen for two years. Regular sessions are 
held biennially, are limited to sixty days, and members receive 
$4.00 per day, if in attendance. The State officers are the 
Governor, Lieutenant-Governor, Treasurer, Attorney-General 
and Superintendent of Public Instruction, all elected for four 
years The Judicial power is vested in a Supreme Court of five 
Justices, elected for terms of ten years; and the Superior Court, 
which must hold sessions at least twice every year in each 



STATE SEAL OF NORTH 
CAROLINA. 



North Dakota 



487 



North Dakota 




county of the State. Every township may have two Justices 
of the Peace. 

North Dakota. French Canadians first explored this sec- 
tion, about 1780, but the first investigations which were of 
value were made by Lewis and Clark during the six months 
•following October, 1804. All of this region was included in the 
Louisiana Purchase of 1803. From that date to 1812 it was a 
part of the Louisiana Territory, after which it was a part of 
Missouri Territory until 1849, when that part of North Dakota 
which is east of the Missouri River 
was made a part of Minnesota Ter- 
ritory, and the portion west of that 
river was added to Nebraska Terri- 
tory. This was the political status of 
North Dakota until March, 1861, 
when Congress organized Dakota Ter- 
ritory, including what is now North 
and South Dakota, and a large part 
of the present States of Montana and 
Wyoming. Changes were made from time to time in the 
boundary lines, and on November 2nd, 1889, North Dakota, 
with its present territorial limits, was admitted to the Union 
as the thirty-ninth State. 

Government. This State has had but one Constitution, 
which was adopted in 1889, as a preliminary to admission to 
the Union. It may be amended by a majority of each House 
of the Legislature, with ratification by a majority vote of the 
people of the State at a subsequent election. Male citizens 
of the United States who have been in the State one year, in 
the county six months and in the voting precinct ninety days, 
have the right of suffrage. Aliens who have taken out their 
first set of naturalization papers are also privileged to vote. 
The law-making body is called the Legislative Assembly; it 
consists of a Senate of 40 members, chosen for four years, and 
a House of Representatives of 100 members, chosen for two 
years. Sessions are held every two years, are limited to sixty 
days, and members receive $5.00 per day for actual attendance, 



STATE SEAL OF NORTH 
DAKOTA. 



Northwest Territory 488 Notary Public 

and mileage. The State officers are the Governor, Lieutenant- 
Governor, Secretary of State, Auditor, Treasurer, Superin- 
tendent of Public Instruction, Commissioner of Insurance, 
Attorney-General, Commissioner of Agriculture and Labor, and 
three Railroad Commissioners, all elected for two years. At 
the head of the Judicial Department is the Supreme Court, of 
three Judges, elected for six years; below this are the District 
courts, whose Judges are chosen for four years, and in every 
county a County court presided over by a Judge chosen for two 
years. Every township has Justices of the Peace. 

Northwest Territory. This was the name given to that 
great region lying west of Pennsylvania and north of the Ohio 
River, extending as far as Canada, and west to the Mississippi 
River, organized as a Territory of the United States in 1787. 
Each of the colonies of New York, Virginia, Connecticut and 
Massachusetts claimed a part of the territory, although Vir- 
ginia's claim extravagantly included three-fourths of it. Its 
cession to the general Government was brought about by 
Maryland refusing to sign the Articles of Confederation unless 
all of the colonies which had then become States would cede 
their rights to the Government. The formal cession was made 
by all of these States between the years 1782 and 1786. In 
1784 a temporary form of government was drawn up for this 
Territory. It provided that out of the Territory there should 
ultimately be created seventeen States. There were certain 
provisions of Jefferson's draft of this Ordinance of 1784 which 
were objected to by some of the strong States, and the ordinance 
was succeeded later by the Ordinance of 1787, which was one of 
the most important acts performed by the Congress under the 
Articles of Confederation. Jhe Northwest Territory was 
governed as such from 1788 to 1802, and from it were created 
the States of Ohio, Indiana, Illinois, Michigan and Wisconsin. 
See Ordinance of 1784; Ordinance of 1787. 

Notary Public, a minor officer, appointed by the Governor 
of a State for a term of four years, upon petition of from fifty 
to one hundred legal voters. The duties of notaries public vary 
in the different States, in each of which their powers are pre- 



Nullification 489 Nullification 

scribed by the statutes. They may protest negotiable instru- 
ments, take acknowledgments of deeds and attest affidavits. 
Witnesses may be sworn by a notary and their testimony taken 
by him for later use in civil or criminal action in court. This 
is known as taking a witness's deposition. In some States a 
notary's commission limits his practice to the county of his 
residence; in others, he may serve in any part of the State. He 
receives fees for his services. 

Nullification is the act of making any declaration, rule or 
order null and void. Specifically, in United States govern- 
ment, it is the refusal of a State to obey an act of Congress, or 
at least the doctrine that such refusal is a constitutional right. 
The doctrine of nullification was prominently advanced in 1832, 
upon the refusal of South Carolina to allow certain revenue 
laws of the United States to be executed within its borders. 
The State objected to the collection of duties in Charleston, and 
promulgated the doctrine that any State had a right to nullify 
such of the laws of the United States as might not be acceptable 
to her. The tariff laws of 1824 and 1828 were protective. A 
law of 1832 slightly modified the protective features, but this 
was not satisfactory to South Carolina. A State convention 
was called to meet in November, and it passed an ordinance 
of nullification. This ordinance declared the tariff acts invalid 
and forbade the payment of duty under them after February 1, 
1833. It declared an appeal to the Supreme Court of the United 
States regarding the validity of the ordinance to be an act in 
contempt of State courts. It caused every juror and every 
State officer to swear to support the ordinance, and as a crown- 
ing statement, declared that if force were used against the 
State, she would consider herself no longer a member of the 
Union. The President acted with characteristic courage and 
energy. He issued a proclamation pointing out that nullifica- 
tion was inconsistent with the Federal Constitution, and that 
it was treason to defend disunion by armed force. Troops 
were ordered to Charleston, and in January, 1833, the nullifiers 
were so alarmed that they determined not to attempt to put 
into effect the features of the ordinance. 



o 

Oath, a solemn declaration before a competent tribunal, by 
word of mouth, in support of a declaration, made or about fo 
be made, and concluding with an appeal to God for the truth 
of what is asserted. Such a statement is calculated to make a 
solemn impression upon the mind of any person. Puffendorf's 
definition, as given in his Moral Philosophy, emphasizes the 
solemnity of the oath; he calls it "a religious asseveration by 
which we renounce the mercy or imprecate the vengeance of 
Heaven, if we speak not the truth." For the violation of an 
oath heavy penalties are attached. 

Oaths were taken by laying hands on the Bible as early 
as the year 528 A. D., and the words, "So help me God and all 
saints," concluded the oath until 1550, when the last three 
words were dropped. Until 1696 the affirmation [q. v.] was 
not allowed, but in that year was provided, upon request of the 
Quakers. 

Oath of Office, an oath taken by a person on assuming an 
office, containing a promise of fidelity to its duties. The form 
varies little for all offices, being generally patterned after the 
oath of the President of the United States. The oath taken 
by an inferior or local officer includes a promise to preserve, 
protect and defend the Constitution of the United States as 
well as of the State in which he fives. See Constitution of 
THE United States (Art. II, Sec. 1, CI. 8). 

Oath of Allegiance, a declaration by which a person 
promises individual allegiance to a particular country or sov- 
ereign, renouncing all connection with a former country or 
obedience to a former ruler. See Naturalization. 

Iron-Clad Oath, the declaration prescribed by Congress 
during the Civil War to be taken by persons in the Confederate 
States, who were appointed to office under the National Gov- 
ernment. Its form was as follows: 

"I, , do solemnly swear (or affirm) thati have never voluntarily 

borne arms against the United States since I have been a citizen thereof; that 

4eo 



Offensive Partisanship 491 Office 



I have voluntarily given no aid, countenance, counsel, or encouragement 
to persons engaged in armed hostility thereto; that I have neither sought, 
nor accepted, nor attempted to exercise the functions of any office what- 
ever, under any authority or pretended authority in hostility to the United 
States; that I have not yielded a voluntary support to any pretended 
government, authority, power, or constitution within the United States, 
hostile or inimical thereto. And I do further swear (or affirm) that, to the 
best of my knowledge and ability, I will support and defend the Constitu- 
tion of the United States against all enemies, foreign and domestic; that 
I will bear true faith and allegiance to the same ; that I take this obligation 
freely, without any mental reservation or purpose of evasion, and that I 
will well and faithfully discharge the duties of the office on which I am 
about to enter, so help me God." 

Philippines Oath. In 1901, during the pacification of the 
Philippine archipelago, the United States military authorities 
prepared the following declaration of allegiance for those natives 
who accepted American authority: 

"I, , hereby renounce all allegiance to any and all so-called 

revolutionary governments in the Philippine Islands, and recognize and 
accept the supreme authority of the United States of America therein; I 
do solemnly swear that I will bear true faith and allegiance to that govern- 
ment; that I will at all times conduct myself as a faithful and law-abiding 
citizen of the said islands, and will not, either directly or indirectly, hold 
correspondence with or give intelligence to an enemy of the United States, 
nor will I abet, harbor, or protect such enemy; that I impose upon myself 
these voluntary obligations without any mental reservations or purpose 
of evasion, so help me God." 

Offensive Partisanship. Under civil service laws, Gov- 
ernment employes in minor positions are exempt from 
removal from office except upon presentment of charges, which 
must be proved before a trial board of the Civil Service Com- 
mission. Sometimes officials high in political office have 
attempted to secure removals of minor officers to make places 
for their friends, and the charge of "offensive partisans" has 
been advanced against such employes when they have openly 
worked and voted for the opponents of the party in power. 
These cases were not uncommon in the early days of civil 
service, but under the admirable administration of the civil 
service laws today, such charges have no standing. 

Office, Oath of. See Oath. 



Office of Indian Affairs 492 Officers of the Army 

Office of Indian Affairs. See Indian Affairs, Office of. 

Officers of the Army. By an act of Congress passed in 
1870, the commissioned officers of the United States army are 
as follows, named in order of rank, with the salary of each at 
the time of appointment: 

General of the Army $13,500 

Lieutenant-General 11,000 

Major-General 7,500 

Brigadier-General 5,500 

Colonel 3,500 

Lieutenant-Colonel 3,000 

Major 2,500 

Captain (mounted) 2,000 

Captain (not mounted) 1,800 

Regimental Adjutant 2,000 

Regimental Quartermaster 2,000 

First Lieutenant (mounted) 1,600 

First Lieutenant (not mounted) 1,500 

Second Lieutenant (mounted) 1,500 

Second Lieutenant (not mounted) 1,400 

Chaplain 1,800 

There has been no appointment of General of the Army 
since the death of General Sheridan; the rank of Lieutenant- 
General is not always filled. 

To each commissioned officer below the rank of Brigadier- 
General the pay is increased ten per cent for every five years' 
service, until a maximum increase of forty per cent is reached. 
Officers are retired from active service at the age of sixty-two 
years, and receive three-fourths' active service pay thereafter. 

The pay of non-commissioned officers, including corporals 
and sergeants, ranges from SI 5 to S46 per month; that of 
privates, from $13 to $23 per month, according to the years of 
actual service. Hospital stewards are paid from $45 to $55 
per month; acting hospital stewards, $25 to $35 per month; 
cooks, $20 to $30 per month, and musicians from $17 to $70 
per month. Clerks at military headquarters receive from 
$83.33 to $150 per month; nurses, $40 to $150 per month, while 
contract surgeons, dental surgeons and veterinarians are paid 
salaries that range from $125 to $210 per month. Enlistment 



Admiral of the Navy $13,500 

Rear- Admirals — 

First nine 7,500 

Second nine 5,500 

Chiefs of bureaus 5,500 

Captains 3,500 

Judge- Advocate General 4,500 

Commanders 3,000 

Lieutenant-Commanders 2,500 

Lieutenants 1,800 

Lieutenants (junior grade) 1,500 

Ensigns 1,400 



Officers of the Navy 493 Ohio 

is for. five years. See United States Army; Comparative 
Rank in Army and Navy. 

Officers of the Navy. The list of officers of the United 
States navy, in order of rank and with the grades of pay at 
the date of commission, is as follows: 

Chief boatswains, gunners, car- 
penters, sail-makers $1,400 

Midshipmen at sea 950 

Midshipmen at academy 500 

Marine corps: 

Brigadier-General 6,500 

Colonels 3,500 

Lieutenant-Colonels 3,000 

Majors 2,500 

Captains (hne) 1,800 

Captains (staff) 2,000 

First lieutenants 1,500 

Second lieutenants 1,400 

On shore duty beyond sea, 10 per cent, increase. 

The grade of Admiral [q, v.] was allowed to lapse from the 
death of Admiral Porter, in 1890, to 1899, when it was revived 
for Admiral Dewey. The grade of Vice-Admiral [q. v.] has 
been filled but three times in the history of the navy, by 
Farragut, Porter, and Rowan. 

Nearly all the officers below the rank of Commander have 
their pay increased from $200 to S400 per year, every five years, 
until a maximum increase of forty per cent has been reached. 
See United States Navy; Comparative Rank in Army and 
Navy. 

"0 Grab Me" Act. A term derisively used with reference 
to the Embargo Act of 1807. Its origin was in spelling in 
reverse order the word embargo. See Embargo; Non-Inter- 
course Act. 

Ohio. Because of French explorations along the Great 
Lakes, what is now Ohio was a part of a vast tract claimed by 
France. All of these claims, also those of Great Britain, con- 
sisted of land grants made from ocean to ocean to various 
colonies along the coast. The first settlement was made by 
members of the Ohio Company, soon after 1749. By the 
treaty closing the French and Indian Wars, the English claim to 
Ohio was undisputed. At the close of the Revolutionary 
War England transferred this title to United States. Ohio was 



Ohio 494 Ohio 

a part of the Northwest Territory, as organized under the Ordin- 
ance of 1787. Three years later this Territory was partially 
divided, and one section became the Territory of Ohio. In 
1802 Congress authorized the people of Ohio to draft a Con- 
stitution, and on February 19th, 1803, Ohio became the 
seventeenth State of the Union. Some authorities erroneously 
name 1802 as the year of admission. 

Government. The present Constitution was adopted in 
1851, but several amendments have been added. The docu- 
ment may be amended by three-fifths of all the members 
elected to each House of the Legislature, after which the 
proposed amendment must be publish- 
ed for six months in all the counties 
of the State, as a preliminary to public 
vote on the question. Every twenty 
years the question of calling a Con- 
stitutional Convention must be sub- 
mitted to the electors of the State. 
Male citizens of the United States 
who have been in the State one year, 

•^ ' STATE SEAL OF OHIO. 

in the county thirty days and in the 

township twenty days, may vote. The Legislature consists o^ 
a Senate of 37 members, and a House of Representatives of 
121 members, all chosen for two years. Regular sessions are 
held biennially and are unlimited in length; members receive 
$600 per year. The State officers are the Governor, Lieutenant- 
Governor, Secretary of State, Treasurer, Attorney-General, 
Dairy and Food Commissioner, and Commissioner of Schools, 
all elected for two years; also a Commissioner of Agriculture 
and three members of a Board of Public Works, chosen for 
three years; and an Auditor, whose term is four years. At 
the head of the Judicial system is the Supreme Court of seven 
members, elected for terms of five years; there are Circuit 
courts, each having three Judges, chosen for five years; District 
courts, over which preside three Judges, chosen for five years; a 
system of Common Fleas courts. Probate courts. Chancery 
courts, and Justices of the Peace. 




Oklahoma 495 Oklahoma 

Oklahoma. All that portion of Oklahoma, except the 
Public Land strip, was a part of the Louisiana Purchase of 
1803. The earliest record of exploration is that of Don Diego 
de Penalosa, in 1662. The country which later comprised 
Oklahoma Territory and Indian Territory was set aside by 
Congress in 1832 as the "Indian Country," and was to remain 
with Territorial organization. In 1866 and 1889 the Indian 
tribes ceded their acreage to the Government, but for a number 
of years these tracts were not open to settlement. The Gov- 
ernment was forced on different occasions to repel invaders. 
In 1885 Congress authorized the President to arrange for the 
opening of vacant lands to white settlers, and on April 22nd, 
1889, the most extraordinary scene occurred in connection 
with this effort; thousands of prospective settlers gathered on 
the border line of the new lands, and at the appointed hour 
began a race for possession of farms and tov/n lots. So rapidly 
was the country settled that on May 2nd, 1890, a Territorial 
Government was provided for Oklahoma. The next year the 
people petitioned for statehood. The issue was complicated by 
the desire of Indian Territory to be joined with Oklahoma, 
which proposition met with much objection. Finally, in 
November, 1907, the two Territories were admitted as the State 
of Oklahoma, in numerical order the forty-sixth State of the 
Union. 

Government. The Constitution of Oklahoma is more 
radical in its provisions than any other ever written. Its 
enactments against corporate interests are considered especially 
severe. A corporation commission is provided, with power to 
regulate every great enterprise in the State. The initiative and 
referendum [see Initiative, Referendum and Recall] is 
established and the Governor may not veto what the people 
by such vote approve. The officers of the State are the Gov- 
ernor, Lieutenant-Governor, Secretary of State, Treasurer, 
Auditor, Attorney-General and Commissioner of Insurance. 
The Governor cannot serve two successive terms, but the other 
officers are free to seek re-election. The Supreme Court consists 
of a Chief Justice and seven Associate Justices. 



Old Bullion 496 Oligarchy 

Old Bullion was a nickname given to Thomas H. Benton, 
Senator from Missouri, for the reason that he advocated the 
adoption of gold and silver as a bimetallic standard of money 
for the United States. 

Old Colony. This is a familiar name for the State of 
Massachusetts, selected because of its notable colonial adminis- 
trations, which in great degree have shaped the thought and 
policy of the country. See Nicknames of States. 

Old Dominion, a name by which the State of Virginia is 
often called. Queen Elizabeth was so delighted with the new 
Virginia colony that she continually referred to it as the fourth 
kingdom of her realm. The poet Spenser dedicated the ''Faerie 
Queene" to "Elizabeth, Queen of England, France, Ireland and 
Virginia." When Charles II was crowned king, Berkeley, the 
Governor of the colony, proclaimed him "Charles the Second, 
King of England, Scotland, Ireland and Virginia." Before 
this, in 1652, when the colonists heard that the home republican 
Government was about to send a fleet to reduce them to sub- 
mission, they sent a message to Charles, in Flanders, inviting 
him to come over and be king of Virginia. He was inclined to 
accept the proposal when events began to foreshadow the 
Restoration. When that event had placed him safely on the 
throne of his father, the grateful monarch ordered the arms of 
Virginia to be quartered with those of England, Scotland and 
Ireland, as an independent member of the Empire. From this 
latter circumstance the colony received the title of "The 
Dominion." See Nicknames of States. 

Old Man Eloquent. To John Quincy Adams this sobriquet 
was given after his career as President and he had again entered 
public life as a member of the House of Representatives. The 
title was applied to him when he, as the champion of anti- 
slavery, accepted from the people thousands of petitions for 
the abolition of slavery and endeavored to have them read on 
the floor of Congress. 

Oligarchy. An oligarchy is a form of government in which 
. authority is vested in a few persons, not of royal birth, but pos- 
sessing sufficient strength to seize and hold the offices of state. 



Omnibus Bill 497 Open Door 

In case a reigning monarch is dethroned and his power is seized 
by princes, dukes md earls of the realm, that new Govern- 
ment is an aristocracy [q. v.]; this differs from an oligarchy 
only in respect to the lineage of the usurpers. In the latter 
case the new Government is exercised by strong subjects of the 
former monarch not related by ties of blood to the royal House. 
Such a Government was that of Cromwell, in England, when 
Charles I was stripped of power and later beheaded. See 
Aristocracy. 

Omnibus Bill, another name for the Compromise of 1850 
[q. v.]. This name was applied because of the great number of 
interests that were crowded into the bill, giving rise to the face- 
tious remark by a Congressman that it was like an omnibus, 
there being "always room for one more." 

On the Fence. This is a political phrase referring to a man 
who is undecided in his political views; he is usually ready to 
vote in any way in which it may be shown that his personal 
interests are promoted. Frequently the voter without decided 
opinions is swayed by sordid considerations. 

Open Door. This term is applied to a condition of equal 
treatment by Oriental nations towards Europe and America 
in trade relations. The "open door" principle was not referred 
to by any nation before the last quarter of the nineteenth 
century; equal terms for trading, with China, especially, were 
demanded when Christian nations began to establish "spheres 
of influence" in the country named. In theory, a "sphere of 
influence" meant a city or province where a European nation 
of influence should be given preference in commercial affairs; in 
actual practice, it frequently meant that the usurping nation 
succeeded in excluding the traders of all other nations. The 
United States Government has never been opposed to the 
political control of any part of China by a European sovereignty, 
for it is our policy not to participate politically in affairs not 
connected with the American continent (see Monroe Doc- 
trine); but we felt called upon to assert that any attempt on 
the part of other nations to secure exclusive trading privileges 
within any "sphere of influence" would be considered preju- 



open Letter 498 Ordinance of 1784 

dicial to our interests. In 1889 Secretary of State Hay 
addressed a note to the Great Powers requesting from them a 
pledge of non-interference with any vested commercial interests 
wherever their influence extended; to agree not to lay dis- 
criminating duties, nor to charge unfair rates on railroads 
entering such territory. The effort of this nation was in the 
main successful; Russia, of all European nations, refused to 
accede to the request made, but the influence of that country 
in China is today a negligible quantity. The open door policy 
is one principle of the Anglo-Japanese treaty. 

Open Letter. In the event that two persons are engaged 
in a controversy on political or social questions and their 
discussion is carried on in writing, it is customary, if the matter 
is of public interest, to print the letters from one to the other 
in newspapers rather than send them under seal between the 
disputants. Such correspondence is given the term "open 
letters." 

Ordinance, a law passed by the legislative body of a village 
or city. Within the jurisdiction of a city or village council, 
ordinances are laws, violations of which are punished by fine or 
imprisonment, as the merits of the case may demand. Within 
their limited spheres, ordinances are as effective as State laws 
or laws of Congress, in wider territory. An ordinance before it 
goes into effect must be conspicuously posted or published in 
local newspapers for terms varying from two to six weeks, in 
order that all the inhabitants may be informed of the new 
regulation. See Enabling Act. 

Ordinance of 1784. After the cession of the Northwest 
Territory [q. v.] to the Government, it was necessary to formu- 
late laws for its control. In 1784 Thomas Jefferson presented 
to the Continental Congress provisions of an ordinance for the 
government of this vast tract. It provided that out of it there 
should ultimately be created seventeen States, the names of 
which were prescribed in the ordinance; some of these were 
Metropotamia, Polypotamia, Sylvania, Chersonesus, Assenesipia 
Pelisipia, Illinoia, Michigania and Saratoga. No change should 
be made in the form of government as regards any of these 



Ordinance of 1787 499 Ordinance of 1787 

proposed States, except by the consent of Congress and the 
State concerned. Many of the provisions of tnis ordinance 
were unsatisfactory, and in three years it was succeeded by the 
Ordinance of 1787 [q. v.]. 

Ordinance of 1787. This was an ''Ordinance for the Gov- 
ernment of the Territory of the United States northwest of the 
Ohio River." In colonial days Massachusetts, Connecticut, 
New York and Virginia claimed that their boundaries extended 
westward to the Mississippi River. Naturally, their claims 
conflicted, and other colonies, notably Maryland, refused to 
sign the Articles of Confederation until these pretensions were 
dropped and the Territory was ceded to the Government. 
Cession was made entirely, by the year 1786. The Territory 
included all that tract lying west of Pennsylvania, north of the 
Ohio River as far as Canada, and extending westward as far as 
the Mississippi. In 1784 it was apparent that complete cession 
would follow speedily, and Thomas Jefferson proposed in an 
"Ordinance of 1784" [q. v.] rules for the government of the 
territory. These were in many respects defective, and three 
years later the famous Ordinance of 1787 was passed by Congress 
in session at New York, then the capital. The object of the 
Ordinance of 1787 was declared to be to "extend the funda- 
mental principles of civil and religious liberty which form the 
basis whereon these republics, their laws and constitutions are 
erected; to fix and establish those principles as the basis of all 
laws, constitutions and governments which forever hereafter 
shall be formed in the said territory." In the Ordinance was a 
provision that no more than five States and not fewer than three 
were ultimately to be organized within this Territory. Under 
this Ordinance the Territory was governed from 1788 to 1802. 
No section of this Territory was to be cut off from the remainder 
and organized into a State until there were 60,000 people within 
the boundaries of the proposed State. The Ordinance contained 
a bill of rights which secured freedom of worship, the benefits 
of the writ of habeas corpus, and exemption from cruel and 
unusual punishment, and it contained another clause which 
contributed immensely later to the enlightenment of the States 



Ordinance of 1787 500 Ordinance of 1787 

organized within its boundaries. This was that "rehgion, 
morality and knowledge being necessary to good government 
and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged." 

The Ordinance of 1787 belongs with the Declaration of 
Independence and the Federal Constitution. It is one of the 
three title deeds of American corlstitutional liberty. The full 
text is as follows: 

An Ordinance for the Government of the Territory of the United 
States Northwest of the River Ohio. 

Be it ordained by the United States in Congress assembled, That the 
said territory, for the purposes of temporary government, be one district, 
subject, however, to be divided into two districts, as future circumstances 
may, in the opinion of Congress, make it expedient. 

Be it ordained by the authority aforesaid, That the estates, both of 
resident and non-resident proprietors in the said territory, dying intestate, 
shall descend to, and be distributed among, their children, and the descend- 
ants of a deceased child, in equal parts; the descendants of a deceased 
child or grandchild to take the share of their deceased parent in equal parts 
among them: And where there shall be no children or descendants, then 
in equal parts to the next of kin in equal degree; and, among collaterals, 
the children of a deceased brother or sister of the intestate shall have, in 
equal parts among them, their deceased parents' share; and there shall, 
in no case, be a distinction between kindred of the whole and half-l;ilood; 
saving, in all cases, to the widow of the intestate her third part of the real 
estate for life, and one-third part of the personal estate; and this law, 
relative to descents and dower, shall remain in full force until altered by 
the Legislature of the district. And, until the governor and judges shall 
adopt laws as hereinafter mentioned, estates in the said territory may be 
devised or bequeathed by wills in writing, signed and sealed by him or her, 
in whom the estate may be (being of full age), and attested by three 
witnesses; and real estates may be conveyed by lease and release, or 
bargain and sale, signed, sealed, and delivered by the person, being of full 
age, in whom the estate may be, and attested by two witnesses, provided 
such wills be duly proved, and such conveyances be acknowledged, or the 
execution thereof duly proved, and be recorded within one year after 
proper magistrates, courts, and registers shall be appointed for that pur- 
pose; and personal property may be transferred by delivery; saving, how- 
ever to the French and Canadian inhabitants, and other settlers of the 
Kaskaskias, St. Vincents, and the neighboring villages who have hereto- 
fore professed themselves citizens of Virginia, their laws and customs now 
in force among them, relative to the descent and conveyance of property. 



Ordinance of 1787 501 Ordinance of 1787 



Be it ordained by the authority aforesaid, That there shall be appointed, 
from time to time, by Congress, a governor, whose commission shall con- 
tinue in force for the term of three years, unless sooner revoked by Con- 
gress; he shall reside in the district, and have a freehold estate therein in 
1,000 acres of land, while in the exercise of his office. 

There shall be appointed, from time to time, by Congress, a secretary, 
whose commission shall continue in force for four years unless sooner re- 
voked; he shall reside in the district, and have a freehold estate therein 
in 500 acres of land, while in the exercise of his office; it shall be his duty 
to keep and preserve the acts and laws passed by the Legislature, and the 
public records of the district, and the proceedings of the governor in his 
Executive department; and transmit authentic copies of such acts and 
proceedings, every six months, to the Secretary of Congress: There shall 
also be appointed a court to consist of three judges, any two of whom to 
form a court, who shall have a common law jurisdiction, and reside in the 
district, and have each therein a freehold estate in 500 acres of land while 
in the exercise of their offices; and their commissions shall continue in 
force during good behavior. 

The governor and judges, or a majority of them, shall adopt and 
publish in the district such laws of the original States, criminal and civil, 
as may be necessary and best suited to the circumstances of the district, 
and report them to Congress from time to time : which laws shall be in force 
in the district until the organization of the General Assembly therein, 
unless disapproved of by Congress; but, afterwards, the Legislature shall 
have authority to alter them as they shall think fit. 

The governor, for the time being, shall be commander-in-chief of the 
militia, appoint and commission all officers in the same below the rank of 
general officers; all general officers shall be appointed and commissioned 
by Congress. 

Previous to the organization of the General Assembly, the governor 
shall appoint such magistrates and other civil officers, in each county or 
township, as he shall find necessary for the preservation of the peace and 
good order in the same: After the General Assembly shall be organized, 
the powers and duties of the magistrates and other civil officers shall be 
regulated and defined by the said assembly; but all magistrates and other 
civil officers, not herein otherwise directed, shall, during the continuance 
of this temporary government, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted or 
made shall have force in all parts of the district, and for the execution of 
process, criminal and civil, the governor shall make proper divisions 
thereof; and he shall proceed, from time to time, as circumxstances may 
require, to lay out the parts of the district in which the Indian titles shall 
have been extinguished, into counties and to^vnships, subject, however, 
to such alterations as may thereafter be made by the Legislature. 



Ordinance of 1787 502 Ordinance of 1787 



So soon as there shall be 5,000 free male inhabitants of full age in the 
district, upon giving proof thereof to the governor, they shall receive 
authority, with time and place, to elect representatives from their counties 
or townships to represent them in the General Assembly: Provided, 
That, for every 500 free male inhabitants, there shall be one representa- 
tive, and so on progressively with the number of free male inhabitants, 
shall the right of representation increase, until the number of representa- 
tives shall amount to twenty-five; after which, the number and proportion 
of representatives shall be regulated by the Legislature: Provided, That 
no person be eligible or qualified to act as a representative unless he shall 
have been a citizen of one of the United States three years, and be a resident 
in the district, or unless he shall have resided in the district three years; 
and, in either case, shall likewise hold in his own right, in fee simple, 200 
acres of land within the same: Provided, also, That a freehold in 50 acres 
of land in the district, having been a citizen of one of the States, and being 
resident in the district, or the like freehold and two years residence in the 
district, shall be necessary to qualify a man as an elector of a representa- 
tive. 

The representatives thus elected, shall serve for the term of two 
years; and, in case of the death of a representative, or removal from office, 
the governor shall issue a writ to the county or township for which he was 
a member, to elect another in his stead, to serve for the residue of the term. 

The General Assembly, or Legislature, shall consist of the governor, 
legislative council, and a house of representatives. The legislative council 
shall consist of five members, to continue in office five years, unless sooner 
removed by Congress; any three of whom to be a quorum: and the mem- 
bers of the council shall be nominated and appointed in the following 
manner, to wit: As soon as representatives shall be elected, the governor 
shall appoint a time and place for them to meet together; and, when met, 
they shall nominate ten persons, residents in the district, and each pos- 
sessed of a freehold in 500 acres of land, and return their names to Congress; 
five of whom Congress shall appoint and commission to serve as aforesaid; 
and, whenever a vacancy shall happen in the council, by death or rerhoval 
from office, the house of representatives shall nominate two persons, 
qualified as aforesaid, for each vacancy, and return their names to Congress; 
one of whom Congress shall appoint and commission for the residue of the 
term. And every five years, four months at least before the expiration 
of the time of service of the members of council, the said house shall nom- 
inate ten persons, qualified as aforesaid, and return their names to Congress; 
five of whom Congress shall appoint and commission to serve as members 
of the council five years, unless sooner removed. And the governor, 
legislative council, and house of representatives, shall have authority to 
make laws in all cases, for the good government of the district, not re- 
pugnant to the principles and articles in this ordinance established and 



Ordinance of 1787* 503 Ordinance of 1787 

declared. And all bills, having passed by a majority in the house, and by 
a majority in the council, shall be referred to the governor for his assent; 
but no bill, or legislative act whatever, shall be of any force without his 
assent. The governor shall have power to convene, prorogue, and dis- 
solve the General Assembly, when, in his opinion, it shall be expedient. 

The governor, judges, legislative council, secretary, and such other 
officers as Congress shall appoint in the district, shall take an oath or 
affirmation of fidelity and of office; the governor before the President of 
Congress, and all other officers before the governor. As soon as a Legis- 
lature shall be formed in the district, the council and house assembled in 
one room, shall have authority, by joint ballot, to elect a delegate to Con- 
gress, who shall have a seat in Congress, with a right of debating but not 
of voting during this temporary government. 

And, for extending the fundamental principles of civil and religious 
liberty, which form the basis whereon these republics, their laws and con- 
stitutions are erected; to fix and establish those principles as the basis of 
all laws, constitutions, and. governments, which forever hereafter shall be 
formed in the said territory: to provide also for the establishment of States, 
and permanent government therein, and for their admission to a share 
in the Federal councils on an equal footing with the original States, at as 
early periods as may be consistent with the general interest: 

It is hereby ordained and declared by the authority aforesaid, That the 
following articles shall be considered as articles of compact between the 
original States and the people and States in the said territory and forever 
remain unalterable, unless by common consent, to wit: 

Art. 1st. No person, demeaning himself in a peaceable and orderly 
manner, shall ever be molested on account of his mode of worship or 
religious sentiments, in the said territory. 

Art. 2d. The inhabitants of the said territory shall always be en- 
titled to the benefits of the writ of habeas corpus, and of the trial by jury; 
of a proportionate representation of the people in the Legislature; and of 
judicial proceedings according to the course of the common law. All 
persons shall be bailable, unless for capital offenses, where the proof shall 
be evident or the presumption great. All fines shall be moderate; and no 
cruel or unusual punishments shall be inflicted. No man shall be deprived 
of his liberty or property, but by the judgment of his peers or the law of 
the land; and, should the public exigencies make it necessary, for the com- 
mon preservation, to take any person's property, or to demand his par- 
ticular services, full compensation shall be made for the same. And, in 
the just preservation of rights and property, it is understood and declared, 
that no law ought ever to be made, or have force in the said territory, that 
shall, in any manner whatever, interfere with or affect private contracts 
or engagements, bona fide, and without fraud, previously formed. 



Ordinance of 1787 504 Ordinance of 1787 



Art. 3d. Religion, morality, and knowledge, being necessary to good 
government and the happiness of mankind, schools and the means of educa- 
tion shall forever be encouraged. The utmost good faith shall always be 
observed towards the Indians; their lands and property shall never be 
taken from them without their consent; and, in their property, rights, 
and liberty, they shall never be invaded or disturbed, unless in just and 
lawful wars authorized by Congress; but laws founded in justice and 
humanity, shall, from time to time, be made for preventing wrongs being 
done to them, and for preserving peace and friendship with them. 

Art. 4th. The said territory, and the States which may be formed 
therein, shall forever remain a part of this confederacy of the United 
States of America, subject to the Articles of Confederation, and to such 
alterations therein as shall be constitutionally made; and to all the acts 
and ordinances of the United States in Congress assembled, conformable 
thereto. The inhabitants and settlers in the said territory shall be subject 
to pay a part of the federal debts contracted or to be contracted, and a 
proportional part of the expenses of government, to be apportioned on 
them by Congress according to the same common rule and measure by 
which apportionments thereof shall be made on the other States; and the 
taxes, for paying their proportion, shall be laid and levied by the authority 
and direction of the legislatures of the district or districts, or new States, 
as in the original States, within the time agreed upon by the United States 
in Congress assembled. The legislatures of those districts or new States, 
shall never interfere with the primary disposal of the soil by the United 
States in Congress assembled, nor with any regulations Congress may 
find necessary for securing the title in such soil to the bona fide purchasers. 
No tax shall be imposed on lands the property of the United States; and, 
in no case, shall non-resident proprietors be taxed higher than residents. 
The navigable waters leading into the Mississippi and St. Lawrence, and 
the carrying places between the same, shall be common highways, and 
forever free, as well to the inhabitants of the said territory as to the citizens 
of the United States, and those of any other States that may be admitted 
into the Confederacy, without any tax, impost, or duty, therefor. 

Art. 5th. There shall be formed in the said territory, not less than 
three nor more than five States; and the boundaries of the States, as soon 
as Virginia shall alter her act of cession, and consent to the same, shall 
become fixed and established as follows, to wit: The Western State in 
the said territory, shall be bounded by the Mississippi, the Ohio, and 
Wabash rivers; a direct line drawn from the Wabash and Post St. Vin- 
cent's, due North, to the territorial line between the United States and 
Canada; and, by the said territorial line, to the Lake of the Woods and 
Mississippi. The middle State shall be bounded by the said direct line, 
the Wabash from Post Vincent's, to the Ohio; by the Ohio, by a direct 
line, drawn due North from the mouth of the Great Miami, to the said 



Oregon 505 Oregon 

territorial line, and by the said territorial line. The Eastern State shall 
be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and 
the said territorial line: Provided, however, and it is further understood 
and declared, that the boundaries of these three States shall be subject 
so far to be altered, that, if Congress shall hereafter find it expedient, they 
shall have authority to form one or two States in that part of the said 
territory which lies North of an East and West line drawn through the 
Southerly bend or extreme of Lake Michigan. And, whenever any of 
the said States shall have 60,000 free inhabitants therein, such State shall 
be admitted, by its delegates, into the Congress of the United States, on 
an equal footing with the original States in all respects whatever, and shall 
be at liberty to form a permanent, constitution and State government: 
Provided, the constitution and government so to be formed, shall be repub- 
lican, and in conformity to the principles contained in these articles; 
and, so far as it can be consistent with the general interest of- the confed- 
eracy, such admission shall be allowed at an earlier period, and when there 
may be a less number of free inhabitants in the State than 60,000. 

Art. 6th. There shall be neither slavery nor involuntary servitude 
in the said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted: Provided, always. That any 
person escaping into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive may be lawfully 
reclaimed and conveyed to the person claiming his or her labor or service 
as aforesaid. 

Be it ordained by the authority aforesaid. That the resolutions of the 
23d of April, 1784, relative to the subject of this ordinance, be, and the 
same are hereby, repealed and declared null and void. 

Oregon. The Spaniards claimed the Oregon country 
because of explorations as early as 1542. Opposition to Spanish 
control was based on the later expedition of Sir Francis Drake, 
and, still later, on the fact that in 1778 Captain Cook touched 
the coast and apparently confirmed the English title to this 
section. Within ten years Spain allowed her claim to all of this 
territory to lapse in favor of Great Britain. America's 
claim to Oregon was based on the expedition of Lewis and 
Clark, sent out by the United States Government in 1804-06. 
The conflicting claims of our Government and that of Great 
Britain, as to the boundary of the Oregon country, was settled 
by treaty in 1846. In 1848 the Territory of Oregon was 
organized, and it was admitted into the Union as the thirty- 
third State on February 14, 1859o 




Organization of Congress 506 Organization of Congress 

Government. Oregon has had but one Constitution, 
adopted in 1857, previous to its admission to the Union. It 
may be amended by majority vote of two successive Legisla- 
tures, with subsequent approval by majority vote at a State 
election. Male citizens of the United States may vote, provided 
they have resided in the State six months prior to an election. 
The Legislature is composed of a Senate of 30 members, elected 
for four years, and a House of Representatives of 60 members, 
elected for two years. Regular sessions are held biennially 
and are not limited in length, except 
that after forty days members can- 
not draw compensation for their ser- 
vices; previous to that limitation, their 
pay is $3.00 per day for actual attend- 
ance. Extra sessions are limited to 
twenty days. The State officers are 
the Governor, Secretary of State, 

Treasurer, Attorney-General and Sup- ^^^^^ ^^^^ ^^ ^^^^^^ 
erintendent of Public Instruction, all 

elected for four years. There is provision for a referendum 
[q. v.] in Oregon, and the Governor cannot veto any action of 
the Legislature which has been approved by a referendum vote. 
The Judicial authority is vested in a Supreme Court of three 
Justices, elected for six years; in Circuit courts, with Judges 
elected for six years; in County courts, each presided over by 
a Judge whose term is four years. There are also Justices of 
the Peace in each township. Since 1905 there has been in 
effect a law providing Juvenile courts for minor delinquents. 

Organization of Congress. A new Congress comes into 
existence every two years. Its first session, unless a special 
session is called by order of the President, begins on the first 
Monday in December. Its existence terminates on the fourth 
day of the second March following. The Senate is a permanent 
body, only one-third of its members being new at the opening 
of any Congress. However, its committees are appointed for 
a period of two years only, and thus all committees are re- 
organized at the beginning of evftry new Congress in order that 



Organization of Congress 507 Organization of Congress 

new members may receive due committee appointments. The 
terms of all the members of the House of Representatives 
expire with the termination of the Congress to which they were 
elected. Thus it is possible that on the opening of a new 
Congress, every member of the House of Representatives may 
be new and untried in legislative service. However, this has 
never been the case and probably it never will occur, because 
many Representative districts reelect deserving members term 
after term, some having served as many as fifteefi successive 
terms. All committees of the House of Representatives must 
therefore be newly appointed at the opening of each new Con- 
gress. The manner of organizing the House of Representatives 
may be stated briefly as follows : 

At noon on the first Monday of December, the House is 
called to order by the clerk of the preceding House. He is the 
only officer who holds over from one Congress to the beginning 
of the next. He calls by States the roll of the members-elect, 
who have previously sent to him their certificates of election 
received from the State canvassing boards. If a quorum is 
found to be present, the clerk declares it to be in order to 
proceed with the election of a Speaker of the House. The vote 
is viva voce [q. v.], on the call of the roll, each member when his 
name is called responding with the name of his choice for 
Speaker. In caucuses, on a previous date, each political party 
has selected its candidate for the position. The candidate for 
Speaker who receives the majority of the votes cast is declared 
elected. As soon as the clerk announces the result of the vote, 
he appoints two members of two different political parties to 
conduct the Speaker-elect to the chair, also another member, 
usually one who has been longest or most conspicuous in public 
service, to administer to him the oath required by the Consti- 
tution. The Speaker, having first been inaugurated, admin- 
isters the oath to all the members of the House in groups of 
from twenty to thirty, as they stand in line before his desk. 
The organization is completed by the election of a clerk and 
sergeant-at-arms, a doorkeeper, a postmaster and a chaplain. 
The vote on these officers is also viva voce. The Delegates 



Original JurisdlcHon 508 Original Jurisdiction 

from the Territories are then sworn in, following which the 
allotment of seats occurs. 

The organization of the House now being fully completed, 
it is usual for that body to adopt an order to the effect that a 
messenger be sent to the Senate to inform that body that a 
quorum of the House of Representatives has assembled and that 

Mr. , one of the Representatives from the State of , 

has been voted Speaker, and that Mr , a citizen of the 

State of •— , has been chosen clerk, and that the House is 

ready to proceed to business. Each House then orders a com- 
mittee of three members to be appointed, this joint committee 
to wait upon the President of the United States and inform him 
that a quorum of the two Houses has assembled and that Con- 
gress is ready to receive any communication he may be pleased 
to make. The President immediately responds by forwarding 
by special messenger his annual message. [See Message op 
THE President.] 

The Speaker of the House of Representatives is given 
power to appoint all of the committees of the House. This is a 
matter of great responsibility, but it is rightly placed, because 
the Speaker is directly responsible for all legislation passed 
by the House. A strong Speaker may practically dictate every 
important movement in the body over which he presides. 

In the Senate, the Vice-President of the United States 
is the presiding officer, but he is not a member of that body. 
Therefore the authority of appointing committees is not vested 
in him; the Senate committees are arranged by a special com- 
mittee from each political party. The party having the major- 
ity of members in the Senate will have the majority of committee 
appointments, the minority accepting without protest the num- 
ber of appointments which corresponds to its proportion of 
members in the Senate. See Committees of Congress; Minor- 
ity Representation. 

Original Jurisdiction. I'his is a term applied to the powers 
of a <;ourt which may legally conduct the first trial of a case at 
law. In this it differs from a purely appellate court, which may 
hear only those cases which have been appealed to it from a 



Original States 509 Ostend Manifesto 

lower court. Some courts have both original and appellate 
jurisdiction; they may hear cases appealed from lower courts 
and may be competent also to hear and decide new issues. A 
County Court or Circuit Court in a State Judicial system may 
be an appellate court for cases appealed from Justice Courts; 
it has original jurisdiction in all other cases at law arising within 
the county. The State Supreme Court is an appellate court for 
cases appealed from the various County courts or Circuit courts 
of the State. It has original jurisdiction in such cases as are 
prescribed by the State Constitution. See Appellate Juris- 
diction; Appellate Court. 

Original States. See Admission of States to the Union. 

Ostend Manifesto. In 1850 and 1851 filibustering expedi- 
tions left the United States to assist the Cubans in their revolu- 
tionary plans. These events and our declination in 1852 to 
engage with France and England in a proposed treaty on 
filibustering attracted much attention to the question of the 
annexation of Cuba to the United States. It was the first time 
that this matter was ever discussed; it was of slight importance, 
then, but foreshadowed future complications which have 
materialized within the past few years; Cuba's fortunes are 
now intimately connected with this country. 

In 1854 President Pierce directed our ministers to Great 
Britain, France and Spain to meet and consider the subject. 
One of these men was James Buchanan, who became President 
of the United States in 1857. He was then Minister to England. 
These three men met at Ostend, in Belgium, although most of 
their sessions were held at Aix-la-Chapelle. From the latter 
place, in October of the same year, they addressed a letter to 
our Government, declaring that the purchase of Cuba would be 
an advantage both to Spain and to the United States. They 
also urged the point that if the island could not be acquired 
by purchase, it was advisable and justifiable for our own pro- 
tection to seize it. Meetings of the three ministers and the 
result of their work were ill advised. In 1856, in the Presi- 
dential campaign, the Manifesto was denounced by the Repub- 
licans and met with no defense at the hands of the Democrats. 



Overt Act 510 Oyer and Terminer 

Overt Act. An overt act is one which is open to public 
view and admitting of direct evidence in proof of its commission. 
It is referred to in the Constitution of the United States, in 
Article III, Section 3, Clause 1, in defining treason against the 
United States. 

Oyer and Terminer. In several States this name is given 
to criminal courts of original jurisdiction. The two words are 
of Norman-French origin, were carried to England by William 
the Conqueror and by English colonists to America. Such 
courts hold sessions semi-annually; the Judges are appointed 
from among the Justices of superior courts. 



Pacific Blocl<ade. Pacific means peaceful; a pacific 
blockade is one which intervenes while there is no war existing 
between the blockading and the blockaded countries. It is never 
justified by any tenet of international law, but has been em- 
ployed on occasion as a means of coercion by a powerful nation 
against a weak one, when some demands of the former have not 
been met with promptness by the latter; as, for instance, the 
collection of a debt owed by the weak nation to the stronger. 

Pacific Railroads. See Land Grants. 

Pains and Penalties, Bill of. See Bill of Attainder. 

Pairs and Pairing. In Legislative bodies it often happens 
that a member must be absent from sessions when voting is 
expected on important measures. It has become the custom 
in such cases for a member who cannot be present when the vote 
is taken to "pair" himself with a member of the opposing party 
who is also expected to be absent. By this means, while the first 
member loses his vote, no party advantage is lost, because a 
corresponding vote of the opposition is likewise lost. Occa- 
sionally pairs are arranged when only one member must be 
absent, the other member to the agreement absenting himself 
purposely from the House or Senate when the vote is taken. 

Paper Blockade. By blockade is meant the closing of the 
ports of a country in time of war by the fleets of the opposing 
nation. To be actually a blockade which shall be recognized 
by all nations, it must be effective; that is, the ports must 
actually be so guarded that ingress and egress is impossible. 
The blockading nation must publish to the world the fact that 
a blockade is in operation. If a blockade is published but is 
not carried into effect, it is said to be a paper blockade. See 
Blockade. 

Paper Currency. The legal tender money of the United 
States is issued in two forms — metal and paper. Metallic 
currency possesses an intrinsic value [q. v.] equal or nearly equal 
in all cases to its stamped value. Paper currency has no . 

511 



Paper Currency 512 Paper Currency 

intrinsic value, and it can possess value only when based on 
acceptable security. While paper money possesses the distinct 
advantage of greater convenience in handling, is more portable 
than metal and costs practically nothing to produce, yet it 
carries the disadvantage of requiring exchangeability for one 
of the precious money metals or the redemptive guarantee of 
a strong Government to make it acceptable as a medium of 
exchange. 

Paper money is of two kinds — convertible and inconvert- 
ible. By the former term is meant that it is exchangeable at 
any sub-treasury, and therefore everywhere, for equal value in 
gold or silver, which was deposited in the Treasury to redeem 
it, at the time it was put into circulation. Inconvertible paper 
currency circulates with no deposit of metal to redeem it; it 
has only the good will and promise of the Government back of 
it; the Government makes it by law legal tender [q. v.] in pay- 
ment of debts; it forces it into circulation by giving it in pay- 
ment of Government indebtedness (with the exception of 
interest on bonds, which is payable in gold) and in turn 
receives it freely for debts due the Government. So long as it 
is not issued in quantities in excess of the needs of the country, 
its value is easily maintained. If temptation to overissue can- 
not be resisted, no piece of inconvertible paper currency will 
be accepted anywhere at any value greater than the worth of 
such metal as can be obtained for it. This value would be 
determined by public opinion. 

By law the Secretary of the Treasury is required to main- 
tain the parity of the various kinds of currency. In order to 
carry out this statute, a reserve of at least $150,000,000 in gold 
is kept in the Treasury. If paper currency is presented for 
redemption in quantities so great as to reduce this reserve 
below the above mark, such paper may not again leave the 
Treasury vaults except in exchange for gold. If in times of 
great financial stress the reserve gets below $100,000,000, the 
Secretary of the Treasury must sell bonds (for which the pur- 
chaser must present gold in payment) to restore it to $150,000,- 
000. It is by such safeguards that all reasonable doubt as to 



Paper Money 513 Parliamentary Law 

the convertibility of all kinds of paper money is removed. 
See Currency; Metallic Currency. 

Paper Money. See Paper Currency. 

Pardon. As used in any Government, a pardon is an act 
by the Executive granting to one who has committed a crime 
exemption from punishment. A pardon may be granted before 
or after conviction, but usually the pardoning power is never 
applied until after sentence has been pronounced. A pardon 
is almost always an Executive function, the power being held 
in a State by the Governor, and in the nation by the President. 
In some States, however, the power to pardon is vested in a 
State Board of Pardons before whom all applications for clem- 
ency must be made. Wherever there is not a State Board of 
Pardons, the Governor is given full discretionary power. The 
Constitution of the United States gives the President pardoning 
power in all Federal cases, and his privilege in this direction 
is unlimited except that he cannot pardon one who is found 
guilty of any misdemeanor as the result of impeachment pro- 
ceedings. He can even pardon a case of a person convicted of 
treason, which is considered the most heinous of all crimes. 
A pardon must not be confused with commutation of sentence; 
the latter simply lessens punishment; as, for instance, a man 
who is sentenced for a term of twenty years may have this 
sentence reduced by Executive authority to ten or fifteen years. 
It differs also from reprieve, which is simply a suspension of the 
execution of the sentence for a certain specified time. 

Parliamentary Law, in its original application, referred to 
the usages governing the proceedings of the English Parliament; 
today the term includes all rules, precedents, customs and 
usages which have been generally accepted as most practicable 
in controlling deliberative bodies. In the United States no 
single compilation is accepted as a universal authority; the 
rules of Congress have great weight throughout the country, 
yet every State Legislature compiles the rules under which 
its deliberations shall proceed. No set of rules has ever been 
recognized in decisions of courts or prescribed by statute, 
therefore such regulations may be made by each deliberative 



Party Platform 514 Patent 

body as suits its purpose. "Reed's Rules" is a popular code 
of parliamentary law prepared by Thomas B. Reed, former 
Speaker of the House of Representatives. Probably the most 
widely used compilation is "Roberts' Rules of Order." See 
Reed's Rules. 

Party Platform. See Platform. 

Passive Commerce, exports and imports carried in foreign 
vessels. See Active Commerce. 

Passport. A passport is an official document issued to a 
person by his home Government, certifying to his citizenship 
and requesting foreign powers to grant him safe and free passage 
and all lawful aid and protection while within their jurisdiction. 
The application must be accompanied by an affidavit, attested 
by a notary public or other officer empowered to administer 
oaths, stating that the applicant is a citizen and giving the 
place of birth and age, and it must be accompanied by the 
certificate of one other citizen to whom he is personally known 
that the declaration made by the applicant is true. The ap- 
plication must also be accompanied by a description of the 
person, particularly as to age, height, complexion, forehead, 
eyes, nose, mouth, chin, hair and face. The Department of 
State issues passports to citizens of the United States who 
desire to travel in foreign countries. However, while abroad, 
if a citizen desires permission to enter countries not men- 
tioned in his passport, he may apply to our legation [q. v.] in 
the country in which he may be for an additional permit. If 
he is in a country in which our Government has no diplomatic 
representative, a consul may issue to him a new passport. The 
fee required is one dollar; the time lim.it on a passport is two 
years. See Safe Conduct. 

Patent, or Letters Patent. A patent is a grant issued 
by a Government to an inventor, guaranteeing to him the 
exclusive privilege of making, using and selling any new ma- 
chine or device which he may have originated. The privilege 
extends over a period of- seventeen years, and if infringement 
of the inventor's rights be discovered during that period, the 
Government's records are available by the owner of the patent 



Patent 515 Patent 

in any contest for the protection of his rights. The Constitu- 
tion of the United States, in Article I, Section VIII, Clause 8, 
gives to Congress the right to decide in what manner and to 
what extent authors and inventors shall enjoy exclusive rights 
from their writings and inventions. The present laws relating 
to patents are the outgrowth of much legislation on the sub- 
ject. 

The United States Patent Office is a bureau of the Depart- 
ment of the Interior, and is in charge of a Commissioner of 
Patents, who receives a salary of $5,000 per year. Next in 
authority is the Assistant Commissioner, and under these two 
is a force of examiners. The merits of any device on which a 
patent is sought are investigated by an examiner; if the article 
is not already patented and the inventor conforms to regula- 
tions as to drawings and models, letters patent are issued. If, 
however, the device is rejected by the examiner, there is an 
appeal to a board of three of his fellow-examiners, and from 
them to the Commissioner of Patents, from whose decision 
there is no appeal. The law specifies that a patent may be 
issued "to any person who has invented or discovered any new 
and useful art, machine, manufacture or composition of matter 
or any new and useful improvement thereof, not known or 
used by others in this country and not patented or described 
in any printed publication in this or any foreign country before 
his invention or discovery thereof, and not in public use or on 
sale for more than two years prior to his application, unless 
the same is proved to have been abandoned. The owner of 
a patent has the privilege of disposing of his rights by sale or by 
will, and every right named as his is transferred to the new 
holder. 

Application for a patent must be made in writing, addressed 
to the Commissioner of Patents. There must be a minute 
description of the device on which the grant is asked, and 
whenever possible, an absolutely correct drawing, of all the 
parts. When required to do so, the applicant must submit a 
model of the article. Under oath the applicant must state 
that he is the originator of the device, and that so far as he 



Patent Office 516 Patrons of Husbandry 

knows, no other person has produced the same thing. An 
initial fee of $15 must accompany every appUcation, to cover 
expense of examination, and if the patent is granted, an ad- 
ditional fee of $20 is required. It sometimes occurs that an 
error has been made in descriptions, or specifications may be 
defective, necessitating a new issue of the patent; in such 
cases another fee of $30 must be paid. At the end of the period 
of seventeen years for which a patent is issued, a renewal can- 
not be secured; the device then becomes public property, 
probably on the theory that the inventor should no longer 
enjoy a monopoly of an article of value to all the people, or 
that, in many instances, its value will have decreased, by 
reason of subsequent improvements on which patents have 
been issued. 

Patent Office, a Government office through which patents 
may be obtained. In the United States this is a bureau of the 
Department of the Interior, presided over by a Commissioner 
of Patents. Under him is the Assistant Commissioner and a 
large force of examiners, whose duty it is to ascertain whether 
the article offered is already protected by patent in the name 
of another person. Much of the Commissioner's work is judicial 
in character, in hearing and deciding cases involving priority 
of claim. See Patent. 

Paternalism, a name derived from the Latin jpater, meaning 
father. It applies to the theory and practice of a Government 
which descends to the control and regulation of the social and 
business affairs of the people, in much the same manner that a 
father deals with his children. In the United States this 
spirit is unknown to our institutions; we have a Government 
which limits the exercise of its powers to the preservation and 
enforcement of order and justice. By many observers of 
governmental policies the German Empire of today is con- 
sidered paternalistic. 

Patrons of Husbandry, a secret order organized in the 
United States in 1867, for the purpose of promoting the social 
and material interests of farmers and those engaged in allied 
industries. The order was non-political, in that it did not 



Patroon Government 517 Patroon Government 

place candidates in the field for election to office, but because 
of its large membership it wielded much political influence. 
The Patrons declared for the following reforms: Postal sav- 
ings banks, pure food laws, rural free mail delivery, additional 
powers to the Interstate Commerce Commission, the election 
of Senators in Congress by direct vote of the people, and the 
settlement of international differences by arbitration. With 
the exception of the first and the last two provisions, laws have 
been passed covering these demands, although it may not be 
safe to credit this organization wholly with their passage. 

Patroon Government. The word 'patroon is from the 
Dutch, and means patron. It was applied to the early settlers 
in New Netherlands (New York), to whom special privileges 
were granted by the Dutch West India Company, owners of 
that part of the New World. In order to invite rapid settle- 
ment around New Amsterdam it issued "Freedoms and Ex- 
emptions" to patroons of New Netherlands who would turn 
their energies to colonization. In 1629 the Company offered 
any patroon who would within four years plant a colony of 
fifty persons over fifteen years of age any tract of land not 
already chosen, outside of Manhattan Island, sixteen miles 
along one side of the river or bay, or eight miles along two 
sides, and as far back into the country as the patroon desired 
the tract to extend. Over this territory he was to have a 
monopoly of grinding, hunting, fishing and mining; authority 
over any towns which might be settled was also granted him. 
In 1640 the "Freedoms and Exemptions" were modified; the 
time for completing a settlement was reduced to three years, 
the territory granted was limited to four miles along one side 
of the water or two miles along each side, and the tract could 
extend only four miles back from the river or bay. The result 
of this system, which became popular with everybody who could 
bear the expense of settlement, was to establish a landed 
aristocracy. After the Revolutionary War a system of 
leases was devised in place of the feudalism of the preceding 
years; naturally in a free country — a republic — the old system 
of government could not be tolerated. The collection of 



Pauper Labor 518 Peace Convention 

rentals became difficult after forty or fifty years, the tenants 
coming to believe they had gained proprietary interests. An 
"anti-renter's rebellion" brought the system to an end, for the 
Legislature of 1846, in obedience to the demands of the ten- 
ants, who held the balance of power, released debtors from all 
obligations to the old system and declared that thereafter no 
lease of land should be for a longer period than twelve years. 
Sale of the great patroon tracts in small sections rapidly fol- 
lowed. 

Pauper Labor is a much used phrase during Presidential 
campaigns, in speeches on the subject of protection [q. v.] and 
free trade [q. v.]. In nearly every campaign within the memory 
of middle-aged men the tariff question has been a leading 
political issue. Protectionists have contrasted the condition 
of well-paid, intelligent American working men with the poorly- 
paid, ignorant workmen of many European countries, always, 
of course, to the immense advantage of the American. Free 
trade prevails in almost every country of Europe, and, if poli- 
ticians are to be believed, this economic system reduces the 
laborer to a state bordering on pauperism. The subject is 
interesting to the student of political economy. 

Peace Convention, a meeting held in the City of Washington 
in February, 1861, for the discussion of ways and means of 
averting war between the North and South. The call was 
made by the Virginia Legislature "to adjust the present un- 
happy difficulties, in the spirit in which the Constitution was 
originally formed, so as to afford the people in the slave-holding 
States adequate guarantee for the security of their rights." 
Ex-President John Tyler was presiding officer of the con- 
ference; twenty-one States sent 133 delegates; the States not 
represented were Michigan, Minnesota, Wisconsin, Oregon, 
California, South Carolina, Georgia, Florida, Alabama, Mis- 
sissippi, Louisiana and Texas. The sessions were secret and 
were marked by considerable friction. However, an amend- 
ment to the Constitution was agreed upon and referred to 
Congress. It provided that slavery was to be prohibited in 
the existing States north of 36° 30' , and was to be legalized in 



Peanut Politics 519 Peer 

States south of that line; that any Territory north or south of 
36° 30' with sufficient population was to be admitted as a 
State, with or without slavery, as its Constitution provided; 
that no new territory be acquired by the United States without 
the concurrence of a majority of Senators from the slave States 
and a majority of the same from the free States; that the 
Constitution should not be construed to give Congress power 
to interfere with slavery wherever it should be planted. The 
amendment was voted on in Congress on March 4, but received 
the support of only seven members. It was considered as an- 
other ill-advised compromise. 

Peanut Politics. This is a term used derisively to charac- 
terize political acts which from their nature can result in very 
little party advantage. 

Peer. In trial by jury, every accused person is entitled to 
a fair and impartial judicial hearing, the issues of the cause to 
be determined by a jury of his peers. The word peers means 
equals, and while in the United States all citizens are equal 
before the law, and the phrase has little legal significance to 
us, it is interesting to trace the origin of the term. 

In the celebrated Magna Charta [q. v.] granted by King 
John at Runny mede, in 1215, is the following paragraph: 

"No freeman shall be taken, or imprisoned, or dissiezed, or out- 
lawed, or banislied, or any ways injured; nor will we pass upon him, nor 
send upon him, unless by the legal judgment of his peers, or by the law 
of the land." 

In England, society has always been composed of different 
orders and ranks; earls', dukes, barons, and the like, by Magna 
Charta were guaranteed trial by a jury composed of members 
of their own rank or standing. No man was required to receive 
a verdict rendered by a jury from a lower order of society. The 
spirit of the provision of Magna Charta has prevailed throughout 
the centuries, not only in England, but throughout English- 
speaking nations and dependencies. Every sense of justice in 
the conduct of trials in the United States is fully satisfied when 
an impartial jury has been secured among the fellow-citizens of 
the accused [see Trial by Jury]. 



Penal 520 Pennsylvania 

Penal, pertaining to punishment, or relating to the method, 
means or place of punishment. 

A penal act is any act subject to penalty of fine or im- 
prisonment. 

A penal clause is a section or subdivision of a statute which 
declares what punishment shall be inflicted for violation of its 
provisions. 

Penal servitude is imprisonment at hard labor for a term 
of years as punishment for a crime whereof the accused person 
has been duly convicted. 

Pennsylvania. The first settle- 
ments in this section were made by 
the Dutch, about 1623. In 1638 the 
Swedes settled in the vicinity, but 
within twenty-five years they were con- 
quered by their Dutch neighbors. In 
1664 all the land between the Delaware 
and Connecticut Rivers was given by 

the King of England to the Duke of state seal or Pennsylvania. 

York, who in turn granted the southern section to Carteret and 
Berkeley. The latter sold his interest to a man who became 
insolvent, and in this way William Penn, one of the bankrupt's 
trustees, became interested in the colony. In 1681 Penn 
received a grant of land now comprised within the State of 
Pennsylvania, with sole right of government, the only limitation 
on his power being the necessary consent of the Freedmen, and 
subject to the approval of the Crown within five years. Within 
ten years the King revoked Penn's charter, because of the 
refusal of the colonists to provide funds for defense against the 
French, but it was restored to Penn two years later. Penn- 
sylvania was very prominent in the Revolutionary struggle; its 
chief city, Philadelphia, was the place of meeting of the Conti- 
nental Congress. It was at Philadelphia that the Declaration 
of Independence was signed, and it was there that the Constitu- 
tional Convention was held. The State ratified the new Con- 
stitution on December 12th, 1787, being among the first to 
take this action. 




Pension 521 Pension 

Government. The present Constitution was adopted in 
1873. It may be amended by a majority vote of each House 
of two successive Legislatures, followed by ratification at a 
popular election. Only one amendment may be submitted in 
any five-year period. To make one eligible as a voter, he must 
have paid not more than two years prior to an election a State 
or county tax, and he must have lived within the State one 
year and in his election district two months. In the Legislature 
there is a Senate of 50 members, elected for four years, and a 
House of Representatives of 204 members, elected for two 
years. Regular sessions are held biennially; they are not 
limited in length; members receive $1,500 for each regular 
session. The officers of the State are the Governor, Lieutenant- 
Governor and Secretary of State, all elected for four years; an 
Auditor-General, elected for three years, and a Treasurer, 
elected for two years. The Attorney-General is appointed by 
the Governor, subject to approval by the Senate. The Super- 
intendent of Public Instruction is appointed in similar manner. 
The Governor is eligible to re-election. At the head of the 
Judicial Department is a Supreme Court of seven members, 
each elected for twenty-one years. Below this is the Superior 
Court of seven members, elected for ten-year terms. There are 
also courts of Common Pleas in each Judicial District, holding 
sessions in every county. There are also Justices of the Peace. 

Pension. A pension is a periodical payment of money to 
an individual, or some one representing him, in recognition of 
past meritorious service. The United States early made pro- 
vision for the payment of pensions to those who suffered in the 
military and naval service of the country. This was but 
following precedent established in Plymouth Colony in 1636, in 
which year our earliest pension act provided that any man 
permanently injured in military service in defense of the colony 
should be provided for during life, at public expense. In 1835 
the office of Commissioner of Pensions was created, and the 
bureau was made subordinate to the Departments of the Army 
and the Navy. In 1849 it was transferred to the newly created 
Department of the Interior. 



Pension 522 Pension 

There has been a great deal of legislation on the principles 
and practice of granting pensions; few Congresses have met 
without discussion of the subject, and more than a dozen 
general schemes of pensioning deserving persons have been at 
different times on our statute books. After the Civil War the 
pension list grew to enormous proportions; legislation on the 
subject then was more important than at any other time in our 
history. There were two acts passed at that period — in 1862 
and in 1864. The first granted $8 to $30 per month for disa- 
bilities contracted in military or naval service dating from 
March, 1861. Provision was made, too, for pensioning widows, 
also children of deceased soldiers under sixteen years of age. 
The law of 1864 provided fixed rates of payment for specific 
disabilities. By later amendments this plan was developed in 
great detail, for it gave very general satisfaction. As illustra- 
tions, $25 per month was allowed at first to any person who 
suffered the loss of both hands or both feet, or the sight of both 
eyes; as finally amended, sums ranging from $8 to $100 per 
month were specified for such disabilities. 

In 1900 the most recent changes in the pension laws were 
made, following the brief war with Spain. It was then decreed 
that any person who had served for at least ninety days in the 
army or navy and had suffered permanent disability not trace- 
able to careless or vicious habits should be granted pensions 
ranging from $6 to $12 per month, according to the character 
of the injury. By Executive order of 1903, provision for which 
was made in the law of 1900, President Roosevelt placed upon 
the pension list every soldier and sailor who had reached the 
age of 62 years. Over three and one-quarter billion dollars had 
been paid to pensioners of the Civil War up to the beginning 
of the year 1907. 

Age Disability Pensions. Any person who served ninety 
days or more in the army or navy of the United States in the 
Civil War, or sixty days in the war with Mexico, who has reached 
the age of 62 years or over, shall be entitled to receive a pension 
as follows : In case such person has reached the age of 62 
years, $12 per month; 70 years, $15; 75 years or over, 



People's Parfy 523 Perjury 

Rank in service is not considered in applications filed under 
this act. 

People's Party, a political organization most familiarly 
known in its early history as the Populist party. It was 
organized in 1891 by and for the interests of farmers and work- 
ing men, and grew under skillful political leadership with great 
rapidity. In 1892 the Farmers' Alliance and the Knights of 
Labor affiliated with the movement, and that year, in the 
Presidential election, with James B. Weaver of Iowa as its 
nominee, the party secured twenty-two electoral votes and 
elected several Representatives in Congress. In 1896 the 
Democratic party pledged itself to many reforms demanded by 
the People's organization and drew away from the latter many 
votes. The Democratic candidate, William J. Bryan, was 
endorsed by the People's party, but an objecting minority 
withdrew its support from a part of the Democratic ticket. 
While not opposed to Bryan, they would not endorse his running 
mate, and in another ticket nominated Bryan for President 
and Thomas E. Watson of Georgia for Vice-President. The 
vote on election day showed a People's party total of only 
113,258, against over a million four years before. The party 
bids fair to be absorbed by the so-called radical wing of the 
Democratic organization. 

The platforms of the People's, or Populist, party have 
demanded free coinage of silver; the issue of paper money to 
be loaned on farm security at two or three per cent per annum; 
the abolition of National banks; Government ownership of 
such public service utilities as railroads, telegraphs and tele- 
phones; prohibition of alien ownership of land, and a graduated 
income tax. See Political Parties in the United States. 

Peremptory Challenge. See Challenge. 

Perjury is the violation' of a solemn promise made in a 
judicial inquiry. If a person violates an oath lawfully admin- 
istered in a judicial proceeding, by swearing falsely to facts 
material to the issue, he is a perjurer. The penalty for false 
swearing varies in the different States, but in all of them it is 
punishable by fine or imprisonment, usually the latter. Before 



Pernicious Activity 524 Persona Grata 

an accused person can be convicted of perjury, it must be 
proved that the deception was wilful; that the falsehood was 
asserted with deliberation and consciousness of the nature of 
the statement. An error in judgment, as the estimated value 
of certain property, if announced as the best knowledge and 
belief of the witness, is not a violation of an oath. In some 
cases, however, a false statement of opinion may become 
perjury. See Oath; Subornation of Perjury. 

"Pernicious Activity" is an expression given currency by 
President Cleveland, an adroit maker of phrases, in 1886, in a 
letter addressed to the heads of Executive departments of the 
Government. It refers to the objectionable habit of office- 
holders who, by reason of their powerful positions, endeavor to 
control political affairs in their home States. Mr. Cleveland 
believed that the first and only duty of a public servant was to 
serve his masters, not to control them. His letter included the 
following forceful sentence: "Office-holders are neither dis- 
franchised nor forbidden the exercise of political privileges; but 
their privileges are not enlarged, nor is their duty to party 
increased to pernicious activity, by office-holding." The 
phrase is frequently quoted today and bids fair to endure in 
discussions on civil service reform. 

Perquisites of Office are profits or pecuniary gains which 
legally may be secured by an official in addition to the amount 
fixed as his salary. It sometimes happens that a person, be- 
cause of his official position, may be able to render service 
entirely apart from the duties of his office, and in a manner 
allowed, if not prescribed, by law. As an example, some officials 
are paid a nominal salary to serve in offices of record; the 
salaries are large for the service actually required by the State; 
the law directs them to perform other duties for the general 
public, in the line of their official relations, and for such service 
fees are collected. These fees are "perquisites of office." The 
term has no connection with "graft" [q. v.]. 

Persona Grata, in diplomatic relations between two coun- 
tries, a representative who is personally acceptable to the 
Government to which he is accredited. 



Personal Liberty 525 Personal Property 

Persona non grata signifies, when applied to a diplomatic 
representative, that he is personally unacceptable to the Gov- 
ernment to which he is accredited. 

Every Government, before announcing an important 
appointment in the foreign service, makes private but more or 
less official inquiry as to the acceptability of the person whom 
it is expecting to name. At the beginning of service, therefore, 
a man may know that he is welcome in the official circles of the 
country to which he is accredited; but if in the later conduct 
of public affairs he is not discreet, the home Government may 
be notified that his recall is desired — that he is persona non 
grata. See Diplomatic Service. 

Personal Liberty, the lawful right of a person to come and 
go at pleasure; the exercise of one's rights as a free moral 
agent. The personal liberty of anyone extends just to the 
point where he interferes with the acknowledged rights of any 
other person; there they necessarily end. 

Personal Liberty Laws. In the days before the Civil War, 
personal liberty laws were State statutes relating to the question 
of slavery; they voiced Northern opposition to the enforcement 
of the Fugitive Slave Laws of the nation, and sought to secure 
to escaping slaves the privilege of the writ of habeas corpus 
and trial by jury. Today by personal liberty is meant the 
right of a person to such enjoyment as pleases his senses and 
does no direct injury to any other person. Possibly only three 
National questions at the present time give rise to discussions 
on personal liberty; in the order of probable importance these 
are the liquor question — high license, low license, local option, 
or prohibition; Sunday observance; the sale of cigarettes. The 
advocates of liberality in one of these directions usually cham- 
pion all three; they constantly demand the enactment of laws 
granting the utmost freedom of action to the individual. How- 
ever, personal liberty is sanctioned by law less today than ever 
before. See Fugitive Slave Laws; Personal Liberty. 

Personal Property includes all of a person's wealth which 
is in goods easily portable; everything of value not in the form 
of lands and appurtenances thereto. 



Personal Rights 526 Petition of Right 

Personal Rights, those limited rights and privileges which 
a person may claim for himself without consulting the wishes 
of any other person. It is an error to say that one may do 
absolutely as he pleases; in the enjoyment of unlimited personal 
rights a man might so conduct himself that his neighbor's rights 
would be violated. The law on the subject may be stated in 
few words: the rights of any person extend just to the point 
where they infringe on the rights of some other person; beyond 
that point liberty of action becomes an offense. 

Pet Banks were those banks which officers of the Treasury 
Department were accused of favoring above others when 
depositing public money. The term has lost most of its sig- 
nificance since the days of Andrew Jackson, against whose 
subordinates the charge was first made. Public money is now 
kept in the Treasury of the United States instead of being 
distributed among State banking institutions; banks can get 
possession of no part of it except as they deposit acceptable 
security in exchange. The only way in which an officer of the 
Government can now show substantial friendship for a banking 
house is by giving it such advance information as he may 
possess through his official connections relative to pending 
matters affecting financial interests. A bank thus favored 
would be called a "pet bank," if the details of such a scandal 
reached the public, and the action would constitute an offense 
against the National sense of honor and fairness. 

Petition, Right of. See Right of Petition. 

Petition of Right. An act of the Parliament of England 
passed in 1628 in defense of the people and against the king 
Charles I is of importance to students of American government 
as showing the development of some of our political principles. 
In that year the Parliament drew up a "Petition of Right" and 
presented it to the king with such a demonstration of earnest- 
ness that he signed it, although much against his will. It 
contained a provision declaring that no taxes should be levied 
by imperial authority without the consent of Parliament, 
neither should any subject of the King be tried by court martial 
[q. v.] nor be imprisoned except by due process of law. These 



Petit Jury 527 Piracy 

liberties had been given to England by King John in Magna 
Charta [q. v.], in 1215, but had been so ruthlessly disregarded 
by succeeding monarchs that a confirmation of them was 
deemed necessary. This Petition of Right is one of the steps 
by which English speaking people have secured the fullest 
measure of civil liberty. 

Petit Jury. Another name for this body is petty jury. It 
is composed of twelve men, chosen in a manner carefully pre- 
scribed in each State by statute, and is called to serve in County 
courts or Circuit courts in the trial of civil and criminal cases. 
See Trial by Jury. 

Petit Larceny. See Larceny. 

Petty Officer, a non-commissioned officer in the navy of 
the United States, including all grades of service between the 
rank of warrant officer and the grade of seaman. A petty 
officer receives his appointment, not from the Department at 
Washington, but from his commanding officer, for a period of 
one year. This is a probationary state; at the end of twelve 
months, if his commanding officer so .recommends, he is ad- 
vanced to a permanent appointment, this time at the hands of 
the Bureau of Navigation, gradually working up through the 
four grades of petty officers — three grades of gunner's mate, 
and, finally, chief petty officer. The pay ranges from $30 per 
month, for the lowest class, to S70 per month, for chief petty 
officer. The Government supports four schools for the training 
of this class of naval recruits — at Newport, a gunner's school 
for practice with mines, torpedoes and electrical devices; at 
Washington, a gunner's school for machine work; at New York, 
a yeoman's school; at Norfolk, a fireman's school. 

Philippines, Oath of the. See Oath. 

Pilgrims, Compact op the. See Compact of the Pil- 
grims. 

Piracy. Blackstone, in his Commentaries, gives the 
definition of piracy as "committing those acts of robbery and 
depredation upon the high seas, which, if committed upon 
land, would amount to felony there." The years have changed 
the meaning but little. Upon a passenger steamer on the 



Pivotal State 528 Plurality 



ocean a case of robbery of one passenger by another would not 
constitute piracy, as the term is now understood, but simply 
a felony under the laws of the country of the accused. A 
hundred years ago ocean travel was much restricted and vessels 
sailed slowly; all the conditions of travel were favorable to 
piratical expeditions. But today a pirate craft could find but 
few safe hiding places which could not be penetrated by gun- 
boats within a few hours. The punishment of pirates, upon 
trial and conviction, is death, whether the enterprise in which 
they were engaged when caught was successful or otherwise. It 
is sufficient in the eyes of the law that the outlaws jeopardized 
the lives of law-abiding people, and that, in extremity, they 
would not have hesitated to sacrifice them. 

Pivotal State. In a Presidential election any State upon 
whose electoral vote [q. v.] the result of the contest may depend 
is called a pivotal State. In not a few elections New York has 
enjoyed this distinction, it having been until quite recently the 
general opinion that "as New York goes, so goes the Union." 
Party lines are not so tightly drawn now as formerly; many 
people vote independently whose fathers voted straight tickets 
all their lives. This condition in politics makes predictions 
unreliable and one hears less and less of "pivotal States." 

Platform. • In politics a platform is the name given to the 
public declaration of principles in which a political party 
believes; on the representations printed in the platform it asks 
the suffrage of voters. The platform is always prepared in the 
convention which nominates the ticket to be voted upon at a 
coming election. It is the work of a specially appointed plat- 
form committee, appointed from the delegates, with the excep- 
tion that the whole body of delegates composing the convention 
may alter it by amendment before they vote upon its adoption. 
The platform is always adopted before nominations are made, 
on the theory that no man not in sympathy with the expressed 
principles of the party should accept a nomination for any 
office. 

Plurality. The larger portion, or the greater of two num- 
bers, is called a plurality. In elections, if one candidate receives 



Plymouth Colony 529 Pocket Veto 

more votes than any other candidate, he has a pluraUty of the 
votes cast; if he receives more than the combined votes of all 
others, he has a majority. To illustrate: In a certain election 
A, B, C, and D are contestants for an office; A receives 1,500 
votes; B, 1,200; C, 1,000; D, 300; total, 4,000. A receives a 
plurality; no man receives a majority. To receive a majority, 
one candidate must have polled 2,001 votes. If the law under 
which the election is held does not prescribe that a majority is 
required to elect, then A gains the honor. In almost every 
case a plurality only is required. See Majority. 

Plymouth Colony, a company of devout English Separatists 
who left their native land in the autumn of 1620 to plant in a 
new country a Government of religious and political freedom. 
On November 21 the men of the party signed articles of agree- 
ment for the administration of the new colony and on December 
21 the party landed on what has since been known as Plymouth 
Rock. Plymouth existed as a separate colony until 1691, when 
it was merged with Massachusetts Bay Colony into the new 
province of Massachusetts. See Compact of the Pilgrims. 

Plymouth Declaration of Rights. In 1636 the colony of 
Plymouth revised its articles of government and adopted a 
body of laws called "The General Fundamentals." The first 
article declared "That no act, imposition, law or ordinance be 
made or imposed upon us at present or to come but such as 
shall be enacted by the consent of the body of freemen or 
associates, or their representatives legally assembled; which 
is according to the free liberties of the freeborn people of Eng- 
land." The second article included this: "And for the well- 
governing of this colony it is also ordered that there be free 
elections annually of governor, deputy governor and assistants, 
by the vote of the freemen of this corporation.'^ Herein was 
the first formal declaration of the right of the people of America 
to self-government. 

Pocket Veto. The Constitution, in Article I, Section 7, 
Clause 2, places upon the President the obligation of prompt 
action on all bills sent to him by Congress for his approval or veto. 
He must sign them or return them to Congress with his reason 



Police Power 530 Political Assessments 

for withholding assent. One provision is made, however, by 
which it is impossible to embarrass the Executive by pouring 
upon him a large number of bills near the close of a session, 
leaving him little time to examine into their merits. If a bill 
is presented to him within ten days of the session's end he may 
refuse to act upon it. Simply by ignoring it or "carrying it in 
his pocket" while undecided as to the proper action, it is killed. 
This formt)f denying approval is called a "pocket veto." See 
Veto. 

Police Power. This term is used to designate the inherent 
right of the several States to prescribe by legislation such rules 
of conduct for their citizens as they deem proper and necessary, 
each for itself without regard for the others, provided no law 
for this purpose violates any right guaranteed by the Constitu- 
tion of the State or of the United States. No exact definition 
or limitation of the term has ever been made, in consequence 
of which fact statutes and interpretations differ widely. State 
Constitutions usually delegate large police powers to munici- 
palities, which authority finds expression in city and village 
ordinances. Examples of police power are the regulation of 
public health, fire regulations, building limitations, and the 
licensing of animals, such as cows and dogs. 

Political Assessments are levies of money made upon office- 
holders by managers of political parties. These assessments 
have been justified on the ground that money is necessary to 
conduct campaigns and preserve the party organization — a 
term frequently used for "machine" [q. v.] — to which political 
appointees usually owe their positions. It is argued that these 
officials should pay a small per cent of their salaries, when it 
is needed, to strengthen the party and thus make more secure 
their places in public office. The civic danger underlying 
such assessments is obvious. In many cities levies of this 
kind are prohibited, especially in the departments of fire and 
police, which are kept out of politics as much as possible. In 
various States and in theExecutive departments of the National 
Government, nearly all employes are made secure in their 
positions by civil service laws, so they may safely ignore 



Political Bargain 



531 



Political Offense 



political demands of every kind. Over one hundred thirty 
thousand employes of the departments at Washington have 
been placed under the protection of the Civil Service Commis- 
sion. See Civil Service Reform and Civil SEbvicE Com- 
mission. 

Political Bargain. A "bargain" in politics usually implies 
dishonest and corrupt arrangements between contending fac- 
tions, although there may be cases when trades are possible 
which are not subversive of good government. A political 
bargain, as generally understood, is a secret and corrupt trade, 
in which a politician promises to give his support to a certain 
measure in return for help on another occasion when he will 
need votes or influence to further projects he has in view. A 
shrewd and corrupt political worker may be able to control 
votes in sufficient number to insure the success or defeat of a 
measure. It will be noted that in reaching an understanding 
the traders do not consider, necessarily, the merits or demerits 
of the propositions affected. "Bargains" are usually made to 
strengthen, possibly in a roundabout way, the personal political 
fortunes of the principals in the deals. 

Political Boss. See Boss. 

Political Division of Congress. Since 1880 the number 
of Republicans, Democrats and Independents in Congress is 
given in the following table: 







Senate. | House. | 


Con- 




Senate. 


House. 


Con- 
























gress. 


Years. 


a 


B 


•d ft 


e 


■a 


gress. 


Years. 


ft 


e 


■a 


p. 


a 


-a 






D 




c '^ 




c 






<D 






OJ 




d 






<A 


w 


S p- 


p 








<A 


p 


l-H 


tf 


« 


i-i 


46th . . . 


1879-81 


32 


44 


... 129 


148 


16' 


54th . . . 


1895-97 


42 


39 


5 


246 


104 


7 


47th . . . 


1881-83 


37 


38 


1 146 


138 


10 


55th . . . 


1897-99 


46 


34 


10 


206 


1,34 


16 


48th . . . 


1883-85 


40 


36 


... 124 


198 


1 


56th . . . 


1899-01 


53 


26 


11 


185 


163 


9 


49th . . . 


1885-87 


42 


34 


... 120 


204 


11 


57th . . . 


1901-03 


56 


29 


3 


198 


1,53 


5 


50th . . . 


1887-89 


39 


37 


... 153 


168 


4 


58th . . . 


1903-05 


58 


32 




206 


174 


2 


51st ... 


1889-91 


39 


37 


... 166 


1.59 


... 


59th . . . 


1905-07 


58 


32 




250 


136 




52d . . . 


1891-93 


47 


39 


2 88 


236 


8 


60th... 


1907-09 


61 


29 




222 


164 




53d .. . 


1893-95 


38 


44 


3 126 


220 


8 


61st ... 

















Political Fences. See Mending Fences. 

Political Offense, an action of a public nature, inimical to 
the existing Government or Constitution of the country in 
which the deed is committed. Examples of such offenses are 
treason, political conspiracy, sedition and rebellion. Ordinary 



Political Parties— 532 Political Parties- 

infractions of the laws are covered by extradition treaties be- 
tween all of the Great Powers, and the guilty parties are turned 
over to the proper Governments for punishment. With re- 
spect to political offenses, however, the nations retain the 
right to pass upon requests for extradition as they arise. For 
instance, the United States has repeatedly refused to return 
to Russia fugitives from that country who are wanted at home 
for punishment for various forms of political activity. 

Political offenders in the United States are tried and 
punished under the laws of Congress, but instances of this kind 
are rare in our history. 

Political Parties in the United States. Before the Revolu- 
tionary War the American colonists were allied with either 
the Whig or Tory party — the former, including the Liberty 
Men, Sons of Liberty, and Patriots, advocating independence, 
and the latter upholding royalty and denouncing the belligerent 
attitude of their neighbors. At the close of the war the Whigs 
split into factions called the Particularists and the Strong 
Government party, the former favoring State sovereignty and 
a confederation, while the latter demanded a central Govern- 
ment and a strong Constitution. In 1787 the Particularists 
became Anti-Federalists, and were opposed to the adoption 
of the Constitution; the Strong Government faction advocated 
prompt ratification of that document, and were known as 
Federalists. The history of our National political parties 
begins here, and the Federalists and Anti-Federalists fought 
out the early issues confronting the new republic. From them 
descend the two most prominent parties of today, but with 
issues changed many times, to meet changed conditions. 
Washington, John Adams, Hamilton, Madison and Jay were 
the principal supporters of the Federal party. Jefferson will 
always be remembered as the brilliant leader of the Anti- 
Federals, whose name changed in 1793 to Republican, later to 
Democratic-Republican, and finally to the Democratic party 
(1828). The Federals, in turn, changed their name with 
changing issues to the Whigs (1834-1855) and then to the 
Republican party, by which term they have been known since 



Political Parties— 533 Political Parties— 

the Presidential campaign of 1856, when Fremont was their 
first nominee for the Presidency. 

The dominant parties, RepubHcan and Democratic, or by 
whatever other names they have been known in the process of 
development, have elected every President of the United 
States. They have not shared the political field to the exclu- 
sion of all other creeds, however. A large number of parties, 
some developing considerable strength, have been organized 
as protests against the existing order of things, and have con- 
tested the field with their formidable rivals. Wars, periods of 
financial depression and the like, have given opportunity for 
the exploitation of new political theories, but no new party 
has endured and grown to large proportions. The Republicans 
and Democrats have met the expectations of the majority of 
the voters of the nation by meeting squarely most of the new 
issues. Today the organizations which appear with prominent 
issues not met in the strong parties are the Prohibitionists, 
the Socialists, and the United Labor party. 

The list of political parties, great and small, which have 
contested for supremacy, is as follows: 

Abolitionists, Federalist, 

American, Free-Soil, 

American Whigs, Hunkers, 

Anti-Federalist, Know-Notliing, 

Anti-Masonic, Liberal Republican, 

Anti-Monopoly, Liberty, 

Anti-Renters, Loco-Focos, 

Anti-War Democrats, National Republican, 

Barnburners, Peoples', 

Bucktails, Prohibition, 

Conscience Whigs, Republican, 

Cotton Whigs, Silver Republican, 

Democratic, Socialist, 

Democratic-Republican, United Labor, 

Equal Rights, Whig, 

Farmers' Alliance, Woman's Suffrage. 

Each party above named is discussed in its regular alpha- 
betical order in this work. See, also, Presidents, Politics 
OF the; Political Division of Congress. 



Politics of the Presidents 534 Popular Vote for Presidents 

Politics of the Presidents. See Presidents, Politics of the. 

Poll, the head of a person; hence, a figure of speech mean- 
ing a person. 

Poll List. A Hst of voters of a precinct [q. v.] who are en- 
titled to vote at an election. 

Poll Tax. See Capitation Tax. 

Polling a Jury, a court process by which each individual 
juror in a case at law is required to state his verdict openly. 

Polling Place. See Polls. 

Polls, the place designated by local authority for the recep- 
tion and counting of votes at an election; called, also, polling 
place. 

Poor Man's Dollar. The silver dollar has been so called 
by politicians who have sought to win support for the free 
coinage of silver. The assumption left in the mind of the un- 
informed was that if the Government instituted free coinage 
of this metal, money would necessarily be more plentiful, 
owing to the great quantity of silver that is always available. 
The designation of silver as the ''poor man's dollar" is not in 
accordance with the facts, if one is to judge by the influence 
of the United States coinage laws from the time the money 
question became an important issue. The country is now 
committed to the gold standard, and this phrase will not ap- 
pear in politics again until another effort is made to revive the 
silver question. See Coinage; Free Coinage; Bimetallism. 

Popular Vote for Presidents. In the following paragraphs the 
total Presidential vote from 1824 to 1904, inclusive, is given, to- 
gether with the percentage of the vote each candidate received: 

1824 — J. Q Adams had 105,321 to 155,872 for Jackson, 44,282 for Crawford and 
46,587 for Clay. Jackson over Adams, 50,551. Adams less than combined 
vote of others, 141,420. Of the whole vote Adams had 29.92 per cent, Jackson 
44.27, Clay 13.23, Crawford 12.58. Adams elected by House of Representa- 
tives. 

1828 — Jackson had 647,231 to 509,097 for J. Q. Adams. Jackson's majority, 138,134. 
Of the whole vote Jackson had 55.97 per cent, Adams 44.03. 

1832 — Jackson had 687,502 to 530,189 for Clay and 33,108 for Floyd and Wirt com- 
bined. Jackson's majority, 124, 205. Of tlie whole vote Jackson had 54.96 per 
cent, Clay 42.39 and the others combined 2.65. 

1836 — Van Buren had 761,549 to 736,656, the combined vote for Harrison, White, 
Webster and Mangum. Van Buren 's majority, 24,893. Of the whole vote 
Van Buren had 50.83 per cent, and the others combined 49.17. 



Popular Vote for Presidents 535 Popular Vote for Presidents 



1840 — Harrison had 1,275,017 to 1,128,702 for Van Buren and 7,059 for Birney. 
Harrison's majority, 139,256. Of the whole vote Harrison had 52 . 89 per cent, 
Van Buren 46 . 82 and Birney . 39. 
1844r— Polk had 1,337,243 to 1,299,068 for Clay and 62,300 for Birney. Polk over 
Clay, 38,175. Polk less than others combined, 24,125. Of the whole vote 
Polk had 49.55 per cent. Clay 48.14 and Birney 2.31. 
1848 — Taylor had 1,360,101 to 1,220,544 for Cass and 291,263 for Van Buren. Taylor 
over Cass, 139,557. Taylor less than others combined, 152,706. Of the whole 
vote Taylor had 47.36 per cent, Cass 42.50 and Van Buren 10.14. 
1852— Pierce had 1,601,474 to 1,380,576 for Scott, 156,149 for Hale and 1,670 for 
Daniel Webster. Pierce over all, 63,079. Of the whole vote Pierce had 50.90 
per cent, Scott 44.10 and Hale 4.97. 
1856 — Buchanan had 1,838,169 to 1,341,264 for Fremont and 874,534 for Fillmore. 
Buchanan over Fremont, 496,905. Buchanan less than combined vote of 
others, 377,629. Of the whole vote Buchanan had 45.34 per cent, Fremont 
33 . 19 and Fillmore 21 . 57. 
1860 — Lincoln had 1,866,352 to 1,375,157 for Douglas, 845,763 for Breckenridge 
and 589,581 for Bell. Lincoln over Douglas, 491,195. Lincoln less than 
Douglas and Breckenridge combined, 354,568. Lincoln less than combined 
vote of all others, 944,149. Of the whole vote Lincoln had 39.91 per cent, 
Douglas 29.40, Breckenridge 18.08 and Bell 12.61. 
1864— Lincoln had 2,216,067 to 1,808,725 for McClellan (eleven States not voting, 
viz.: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Car- 
olina, South Carolina, Tennessee, Texas and Virginia). Lincoln's majority 
407,342. Of the whole vote Lincohi had 55.06 per cent, and McClellan 44.94. 
1868 — Grant had 3,015,071 to 2,709,613 for Seymour (three States not voting, viz.: 
Mississippi, Texas and Virginia). Grant's majority, 305,458. Of the whole 
vote Grant had 52.67 per cent and Seymour 47.33. 
1872— Grant had 3,597,070 to 2,834,079 for Greeley, 29,408 for O'Conor and 5,608 
for Black. Grant's majority 729,975. Of the whole vote Grant had 55.63 
per cent, Greeley 43.83, O'Conor .15 and Black .09. 
1876 — Hayes had 4,033,950 to 4,284,885 for Tilden, 81,740 for Cooper, 9,522 for Smith 
and 2,636 scattering. Tilden's majority over Hayes, 250,935. Tllden's major- 
ity of the entire vote cast, 157,037. Hayes less than the combined vote of 
others 344,833. Of the whole vote cast Hayes had 47.95 per cent, Tilden 
50.94, Cooper .97, Smith .11, scattering .03. 
1880 — Garfield had 4,449,053 to 4,442,035 for Hancock, 307,306 for Weaver and 
12,576 scattering. Garfield over Hancock, 7,018. Garflelu less than the com- 
bined vote for others, 313,864. Of the popular vote Garfield had 48.26 per 
cent, Hancock 48.25, Weaver, 3.33, scattering .13. 
1884— Cleveland had 4,911,017 to 4,848,334 for Blaine, 151,809 for St. John, 133,825 
for Butler. Cleveland had over Blaine 62,683. Cleveland had 48.48 per cent, 
Blaine 48.22, St. John 1.56, Butler 1.33. 
1888— Harri-son had 5,440,216 to 5,538,233 for Cleveland, 249,937 for Fisk, 141,105 
for Streeter, 2,808 for Cowdrey, 1,591 for Curtis and 9,845 scattering. Harrison 
had 98,017 less than Cleveland. Of the whole vote Harrison had 47.83 per 
cent, Cleveland 48.63, Fisk 2.21 and Streeter 1.28. 
1892— Cleveland had 5,556,918 to 5,176,108 for Harrison, 264,133 for Bidwell, 
1,041,028 for Weaver and 21,164 for Wing. Cleveland had over Harrison 
380,810. Of the whole vote Cleveland had 45.73 per cent, Harrison 42.49, 
Bidwell 2. 17 and Weaver 8.67. 
1896 — McKinley had 7,104,779, Bryan 6,502,925; Levering 132,007; Bentley, 
13,969; Matchett, 36,274; Palmer, 133,148. McKinley had over Bryan 601,854 
votes. Of the whole vote McKinley had 50.49 per cent and Bryan 46.26. 



Population 536 Population 

1900— McKinley had 7,217,810 to 6,357,826 for Bryan, 208,791 for WooUey, 50,218 
for Barker, 87,769 for Debs, 39,944 for Malloney, 518 for Leonard and 5,098 for 
Ellis. McKinley over Bryan, 859,984. McKinley's majority over all, 367,646. 
Of the whole vote McKinley received 51.66 per cent and Bryan 45.51 per cent. 

1904 — Roosevelt had 7,620,670 to 5,080,207 for Parker, 258,205 for Swallow, 401,380 
for Debs, 111,373 for Watson, 41,330 for Corrigan and 830 for Holcomb. Roose- 
velt over Parker, 2,540,463. Roosevelt's majority over all, 1,727,345. Of the 
whole vote Roosevelt received 57,. 13 per cent and Parker 38 per cent. 

Of the Presidents, Adams, federalist; Polk, Buchanan and 
Cleveland, democrats; Taylor, whig; Lincoln (first term), 
Hayes, Garfield and Harrison, republicans, did not, when 
elected, receive a majority of the popular vote. The highest 
percentage of the popular vote received by any president was 
57.13 for Roosevelt, republican, in 1904; the lowest, 39.91 for 
Lincoln, republican, in 1860 Buchanan, democrat, next 
lowest, with 45.34. 

Population. Prior to the Civil War the word population, 
applied to a State, did not include the total number of human 
beings resident within its borders. Article I, Clause 3, of the 
Constitution, declared that the number of people in the various 
States on which the number of Representatives should be 
based and which should also be the basis of any levy of direct 
taxes should "be determined by adding to the whole number 
of free persons, including those bound to service for a term of 
years and excluding Indians not taxed, three-fifths of all other 
persons." "All other persons" referred to slaves only. Thus, 
the official population of a State included all free persons, 
those under apprenticeship, Indians who paid taxes, and three- 
fifths of the negroes. 

The Fourteenth Amendment, proposed in 1866 and de- 
clared a part of the Constitution in July, 1868, changed the 
manner of determining the official population of a State. 
Section 2 reads as follows: 

"Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. * * * " 

According to the census of 1900, the population of the 
country, by States, was as follows: 



Populist Party 



537 



Posse Comitatus 



State or Territory. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts. . . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire. 

New Jersey 

New York 

North Carolina. . 

North Dakota 

Ohio 

Oregon 

Pennsylvania. . . 
Rhode Island. . . 



1900. 



1,828,697 
1,311,564 
1,485,053 

539,700 

908,420 

184, /35 

528,542 
2,216,331 

161,772 
4,821,550 
2,516,462 
2,231,853 
1470,495 
2,147,174 
1,381,626 

694,466 
1,188 044 
2,805,346 
2,420,982 
1,751,394 
1,551 270 
3 106,665 

243,329 

1,066,300 

42,335 

411. 588 
1,883,669 
7,268,894 
l,893,8i0 

319,146 
4,157,545 

413,536 
6,302,115 

428,556 



State or Territory. 



South Carolina. . 
South Dakota. . . 

Tennessee 

Te.xas 

Utah 

Vermont 

Virginia 

Washington 

West Virginia... 

Wisconsin 

Wyoming 



The States. 



Alaska 

Arizona 

District of Columbia. . . . 

Hawaii 

Indian Territory 

New Mexico 

Oklahoma 

Persons in service of the 
United States stationed 
abroad 

The Territories 



United States 

Per cent, of gain over 1890 



1900. 



1,340,316 
401,570 

2,020,616 

3,048,710 
276,749 
343,641 

1,854,184 
518,10e 
958,800 

2,069,042 
92,531 



74,610,523 



63,592 
122,931 
278,718 
154,001 
392,060 
195,310 
398,331 



91,219 



1,604,943 



76,303,387 



21 



Note — The narrow column under each census year shows the order of the 
States and Territories when arranged according to magnitude of population. 
During the decade several Territories have become States. 

The next National census will be taken in tQlO; it will be 
verified and published officially during the latter weeks of that 
year. See Census. 

Populist Party. See People's Party. 

Porcelaine Currency, another name for wampum [q. v.]. 

Port of Entry, one of the places designated by the laws of 
the United States where vessels bringing goods from foreign 
countries must unload their cargoes. At each port of entry 
the Government has established a customhouse [q. v.] for the 
receipt of imports. The officers of any vessel carrying mer- 
chandise from a foreign port may be convicted of smuggling 
[q. v.] if they attempt to bring imports into the United States 
except through a port of entry. 

Posse Comitatus, a force of men, nominally all male resi- 
dents of a county, whom the Sheriff, the county peace officer, 
may call to assist him in an emergency properly to discharge 



Postage 538 Postage 

his duties. Youths and infirm persons only are exempt from 
service on a posse; no able-bodied man may refuse. 

Postage, the charge levied by a Government for carrying 
mail matter. In no country of the world is the postal service 
in the hands of private enterprises; caring for the postal needs 
of the country is a Government function. 

The rates of postage from the organization of the Post- 
office Department in September, 1789, until 1816, were as 
follows: For a letter composed of a single piece of paper, to 
travel a distance of less than 40 miles, 8 cents; under 90 miles, 
10 cents; under 150 miles, 12J cents; under 300 miles, 17 cents; 
under 500 miles, 20 cents; and over 500 miles, 25 cents. In 
1816 the rates were changed by law of Congress so that the 
charge for a single letter not over 30 miles was 6j cents; under 
80 miles, 10 cents; under 150 miles, 18f cents; over 400 miles, 
25 cents. An additional rate was charged for each added piece 
of paper. If a letter weighed an ounce, the above charges 
were multiplied by 4. 

With the establishment of railroads, the express companies 
entered into competition with the Postal Department and 
carried bulky letters at a much lower rate than the Govern- 
ment would 'take them. In 1836 Edward Everett proposed 
in Congress various measures for reducing postage, but not 
until 1843 were results reached from the discussion. In that 
year various State Legislatures took the matter up and in- 
structed their representation in Congress to take immediate 
action looking to a reduction in rates. In 1845 the following 
schedule was established: For a letter not exceeding ^ ounce, 
to be carried less than 300 miles, the charge was 5 cents; over 
300 miles, 10 cents. An additional rate for every added half- 
ounce or fraction thereof was charged. 

In the First Congress efforts were made to increase the 
rate on letters, but without success. However, on newspapers 
and magazines the rate was raised and prepayment in every 
case was required. In 1851 the next change in the law was 
made, and it provided for the following rates: For a letter 
of i ounce, to go less than 3,000 miles, 3 cents, if postage was 



Postage Stamp 539 Postal Service 

prepaid; if not prepaid, but collectable from the one to whom 
it was addressed, 5 cents. If the distance was over 3,000 miles, 
5 cents was charged if prepaid, or 12 cents, collectable. The 
next year the law was modified; letters sent over 3,000 miles, 
not prepaid, were charged 10 cents. 

In 1855 the rate on single inland letters was reduced to 3 
cents for all distances under 3,000 miles, and 10 cents for all 
greater distances. It was in this year that the law was passed 
demanding prepayment of all inland postage. In 1863 the 
rate was made uniform at 3 cents on all inland letters not ex- 
ceeding a half-ounce in weight, regardless of distance carried, 
and in the same year arrangements were perfected for the 
registration of valuable letters and very small packages. The 
registration fee was fixed at 15 cents, but in 1874 reduced to 
8 cents. The next year it was raised again, to 10 cents, but 
soon restored to 8 cents, where it remains today. 

In February, 1883, the last legislation on postal rates fixed 
the charge for single letters at two cents per ounce or fraction 
thereof. The rate for merchandise is one cent per ounce, with 
the provision that a single package may not weigh over four 
pounds. 

Postage Stamp. In the early days of the operation of the 
Postoffice Department, postage stamps were unknown in this 
country. It was not necessary to prepay postage on letters; 
the charge could be collected from the person to whom the 
letter was addressed. However, when postage was prepaid, 
the fact was endorsed on the envelope or wrapper by the post- 
master at the office of mailing. In 1847 the adhesive stamp 
was introduced, and this greatly simplified the operations of 
the Postoffice Department. In 1855 the use of adhesive stamps 
on all letters was required. See Postage. 

Postal Service, Colonial. At the house of a resident of 
Boston in 1639 a postoffice was established "for all letters which 
are brought from beyond the seas or are to be sent thither." 
It was purely local. In 1657, the Virginia Assembly passed 
an act for the prompt transmission of official letters from planta- 
tion to plantation, and laid a penalty of one hogshead of 



Postal Service 540 Postal Service 

tobacco for each default. This was of no benefit to private 
individuals. In 1672 the Government of New York arranged 
for a monthly mail to Boston, and four years later the author- 
ities of Massachusetts established a postofiice in Boston for 
communication with the other colonies. The first Parlia- 
mentary act of the English colonies of America for the estab- 
lishment of a postoflEice was passed in 1692, and a royal permit 
was issued to a private contractor to conduct the postal service. 
He was to transport letters and small packages "at such rates 
as the planters should agree to give." The opportunity thus 
offered inspired the colonies to establish postal systems, but 
these were very imperfect. In 1710 the above permit expired 
and Parliament then extended the English postal system to 
all her colonies in America. The rate on a single letter from 
London to New York was one shilling. Four pence additional 
was added for each 60 miles beyond New York. In 1755 
Benjamin Franklin was appointed Deputy Postmaster-General 
for all the colonies. It was a comparatively lucrative office 
and Franklin held it for twenty-one years, when in 1774 he was 
dismissed for his active sympathy with the colonists in their 
quarrel with the mother country. After this for a time the 
colonial postal system was in great confusion, but in 1775, 
when royal power was largely ignored in the colonies, the Con- 
tinental Congress appointed Franklin Postmaster-General. 
See Postal Service, United States. 

Postal Service, United States. Benjamin Franklin re- 
signed the position of Postmaster-General, which he held under 
the Continental Congress, in 1776. At that time the whole 
number of postoffices in the new nation was 75. Soon after the 
meeting of the first session of the First Congress, the Postmaster- 
General suggested the importance of a thorough reorganization 
of the Postoffice Department. The subject was discussed for 
three years, and in 1792 the present system in all essential 
particulars was adopted. The postal service has grown to 
almost immeasurable proportions. There are now in the 
United States more than 80,000 postoffices, divided into four 
general classes. The offices of the first class are those whose 



Postmaster 541 Postinaster=Qeneral 

gross receipts exceed $40,000 per annum; the salaries of these 
postmasters range from S3,000 to $6,000. Second class post- 
offices are those with receipts from $8,000 to $40,0.00, and these 
postmasters receive from $2,000 to $2,900 per annum. Third 
class offices are those with receipts from $1,900 to $8,000, and 
these postmasters receive from $1,000 to $1,900 per annum. 
Postmasters of the first, second and third class receive their 
appointment from the Pres-ident, with the consent of the Senate. 
The fourth-class postmasters are those in postoffices whose 
receipts are less than $1,900 per year; they are not paid salaries, 
but receive a percentage on all postage stamps cancelled on 
outgoing mail. If the commissions of a fourth-class post- 
master amount to $1,000 per year, then his office is placed 
among those of the third class. The fourth-class postmasters 
receive their appointment through the office of the Postmaster- 
General. They have not yet been placed among civil service 
appointees, and are therefore subject to removal at the end of 
any four-year term for which they are appointed. See Postage; 
PosTOFFiCE Department. 

Postmaster. See Postal Service, United States. 

Postmaster=QeneraI, the chief officer of the Postoffice 
Department, and since 1845 a member of the Cabinet of the 
President. Benjamin Franklin was ''Postmaster-General of 
the United Colonies," by appointment of the Continental Con- 
gress in 1775. He controlled the seventy-five postoffices in the 
United States at that day. The Postoffice Department dates 
from the organization of the Federal Government, although 
no special statute ever was passed stating the name by which 
it should be officially known. That is the reason the Post- 
master-General, until courteously invited by President Jackson, 
was not given a seat at the Cabinet councils. 

There are four chief assistants of the Postmaster-General, 
appointed by the President and confirmed by the Senate. 
Their titles and duties are as follows: 

The First Assistant Postmaster-General has general charge of post- 
offices and postmasters and their appointment and instruction; the 
adjustment of salaries of postmasters; the city free delivery system. 



Post Mortem 542 Postoffice Department 

The Second Assistant Postmaster-General has charge of the transporta- 
tion of all mails. 

The Third Assistant Postmaster-General has charge of the finances 
of the department; provides stamps, stamped envelopes, and postal cards; 
supervises the money order system and the registered letter system; and 
controls the business relating to rates of postage and classification of mail 
matter. 

The Fourth Assistant Postmaster-General has charge of the rural 
free delivery system, and of the treatment of undelivered mail matter; 
supplies postmasters with blanks, stationery, etc.; and has charge of mak- 
ing post-route maps. 

The salary of the Postmaster-General was $2,000 in 1792, 
$3,000 in 1799, $4,000 in 1819, $6,000 in 1827, $8,000 in 1853, 
$10,000 in 1873, $8,000 in 1874, and in 1906 a law was passed 
raising it to $12,000, in common with his fellow members of the 
Cabinet. 

Post Mortem, a Latin term meaning after death, applied 
to an official examination of a corpse to determine the cause 
of death. Such an inquiry is always instituted by the Coroner 
[q. v.] of a county, in case there is any doubt of death occurring 
from natural causes. It is customary for the Coroner to view 
the body of every person who dies suddenly, even if no foul 
play is suspected. If a deceased person has been illegally 
dealt with, it is a public necessity that the facts be disclosed in 
an official inquiry, that the guilty party or parties may be 
punished. For such purpose a jury of six persons is selected 
by the Coroner, and to that official their report is made; the 
Coroner, in case circumstances point to foul play, reports to the 
Prosecuting Attorney, which latter official sets the machinery 
of the law in motion to apprehend alleged malefactors. Unless 
the public authorities request an autopsy, a physician has 
no legal right to make such an examination, except by consent 
of the nearest surviving relative. 

Postoffice. See Postal Service. 

Postoffice Department. Before Plymouth Colony was 
twenty-one years old, there was established by private enter- 
prise a crude system of mail service "for all letters which are 
brought from beyond the seas or are to be sent thither." In 



Postoffice Department 543 Postoffice Department 

1672 a monthly mail was despatched between New York and 
Boston. In 1753 Benjamin Franklin was appointed Deputy 
Postmaster-General for the colonies, his superior being a mem- 
ber of the English Cabinet. In this position he served for 
twenty-one years, being dismissed in 1774 for his adherence 
to the cause of the colonists against the mother country. 
Within a few months he was appointed by the Continental 
Congress to be Postmaster-General, and in this capacity served 
until late in 1776. 

After Franklin's retirement, postal affairs under his 
successors were in confusion, although the system extended to 
only seventy-five postofhces. When the Constitution went 
into operation. Congress provided for the "temporary establish- 
ment of the Postoffice." By act of 1792 a General Postoffice 
was established under a Postmaster-General, who was authorized 
to appoint an Assistant Postmaster-General and such other 
subordinates as were necessary. Not by specific mention has 
any law definitely established a Postoffice Department as 
an adjunct of the Executive branch of the Government. 
It is referred to in the text of an act of 1825 as a Department, 
but the title of that law assumed that previous laws had already 
dignified that branch as a distinct Department. Thus it is 
by practice and not by legislation that our present Postoffice 
Department is recognized at its deserved status. The Post- 
master-General is at the head of all postal affairs; before the 
time of President Jackson he was not given a seat in the Cabinet; 
that President invited his Postmaster-General to be present 
at Cabinet meetings, and the custom has been continued. 
Today the head of this Department is considered as much a 
member of the Cabinet circle as the Secretary of State, the 
leading member. 

The Postoffice Department has charge of the transmission 
and distribution of mail matter, the manufacture and sale of 
stamps, the management of the money order system, the estab- 
lishment and discontinuance of postoffices, and the appointment 
of all postmasters of the fourth class. See Postal Service; 
Postmaster-General. 



Postroads 544 President 

Postroads. Congress is given the power, in Article I, 
Section 8, of the Constitution, "to estabUsh postoffices and 
postroads." A postroad, contrary to generally accepted belief, 
in its original significance had no reference to mail routes or 
mail carrying, but was a road for general travel, like the old 
English highways of a century ago, having relays at which 
changes of horses could be obtained. Today a postroad has 
come to mean a route over which United States mails are car- 
ried, and the word has no other significance. 

Power of Attorney is written authority to transact business 
of a specified nature for other people. 

Preamble. A preamble is an introductory clause in a 
constitution, statute, contract, or set of resolutions, setting 
forth the reason, or motive, or design of what follows. The 
opening sentence of the Constitution of the United States is 
by common consent called the Preamble, but the word does 
not appear in the document. Because of the explanatory na- 
ture of this opening sentence, probably no better designation 
could be suggested. 

Precinct, a part of a township or portion of a city ward, 
with prescribed boundaries, fixed by county or city authorities, 
for voting purposes. All voters within the territory embraced 
in a precinct have the same voting place. 

President, Censure of the. See Censure of the Presi- 
dent; President of the United States. 

President, Title of the. The Constitution of the United 
States declares the title of the Chief Executive; it was decided 
after much discussion in the Constitutional Convention [q. v.]. 
No precedent existed, however, on the question of the proper 
manner of addressing the President. The First Congress 
appointed a committee to report on the matter, and it decided 
that "it is not proper to annex any style or title other than that 
expressed in the Constitution." This report was not satisfac- 
tory, and a second committee, after due deliberation, thought 
it would "be proper to address the President as 'His Highness, 
the President of the United States and Protector of their 
Liberties.' " The term "His Excellency" was subsequently 



President 545 Presidential Succession 



adopted, not by Congressional action, but by general popular 
approval. Without exception since 1790 each Chief Executive 
has been addressed as "His Excellency, the President." In 
Irving's ''Life of Washington" is this statement: 

"The inauguration of Washington was delayed for several days by a 
question which had arisen as to the title by which the President-Elect was 
to be addressed. The question had been mooted without Washington's 
privity and contrary to his desire, as he feared that any title might awaken 
the sensitive jealousy of Republicans at a moment when it was all-import- 
ant to conciliate public good will to the new form of government. It was a 
relief to him, therefore, when it was finally resolved that the address should 
be simply, 'President of the United States'. " 

President, War Power of the. See War Power of the 
President, 

Presidential Bee. A man who desires to become President 
of the United States often permits this ambition to influence 
his public acts. Such a person is said to have "the Presidential 
bee in his bonnet." The "Presidential fever" is another name 
applied to the same political manifestation. 

Presidential Election. See Electoral System; Elec- 
toral Colleges. 

Presidential Flag. See Flag of the President. 

Presidential Salute. See Salute. 

Presidential Succession, the order in which subordinate 
officers of the Federal Government succeed to the Presidency, 
in case of the death of the President or his removal from office 
for any misdemeanor or his disqualification from any cause to 
hold longer the post of Chief Executive. 

The Constitution provides that the Vice-President shall 
become President in the event of such a vacancy, and he shall 
hold the office during the remainder of that Presidential term. 
Five times in the history of the United States the Vice-President 
has thus been transferred to the President's chair, each time 
through the death of the regularly elected official. Not in any 
of these instances did the new President, thus elevated to power, 
resign, become disqualified, or die in office. Had such a con- 
tingency occurred prior to 1886, however, serious consequences 
might have resulted. Previous to that year the only provision 



Presidential Succession 546 Presidential Succession 

for succession lay in a Jaw of Congress, passed in 1792, by which, 
succeeding the Vice-President, first the President pro tempore 
of the Senate and, following him, the Speaker of the House of 
Representatives, should assume the office until a new election 
of President could be held under the direction of Congress. 
The operation of this law made possible the succession of a 
man, after the Vice-President, of a different political party 
than the regularly chosen President and Vice-President. In 
such event a sudden reversal of Executive policies might be 
attempted at a time when the public mind was ot prepared 
to accept radical changes. 

While this danger was clearly foreseen for many years, no 
definite effort to apply a remedy was made until 1886, when the 
Presidential Succession Law was passed. By its terms the high 
office passes to a member of the Cabinet, who may be safely 
relied upon to continue Executive control along the lines pro- 
jected by his former chief. Another provision of this law 
makes it necessary for Congress to assemble within twenty 
days from the succession of a Cabinet member; it shall be the 
duty of the Congress at once to issue a call for the election of a 
President who shall serve during the remainder of the regular 
term. The Succession Law in full is as follows: 

An act to provide for the performance of the duties of the oflSce of 
President in case of the removal, death, resignation or inability both of 
the President and Vice-President. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in case of removal, death, 
resignation or inability of both the President and Vice-President of the 
United States, the Secretary of State, or if there be none, or in case of his 
removal, death, resignation, or inability, then the Secretary of the Treasury, 
or if there be none, or in case of his removal, death, resignation or inability, 
then the Secretary of War, or if there be none, or in case of his removal, 
death, resignation, or inability, then the Attorney-General, or if there be 
none, or in case of his removal, death, resignation, or inability, then the 
Postmaster-General, or if there be none, or in case of his removal, death, 
resignation, or inability, then the Secretary of the Navy, or if there be none, 
or in case of his removal, death, resignation or inability, then the Secretary 
of the Interior shall act as President until the disability of the President or 
Vice-President is removed or a President shall be elected: Provided, That 
whenever the powers and duties of the office of President of the United 



Presidential Term 547 Presidential Term 

States shall devolve upon any of the persons named herein, if Congress be 
not then in session, or if it should not meet in accordance with law within 
twenty days thereafter, it shall be the duty of the person upon whom said 
powers and duties shall devolve to issue a proclamation convening Congress 
in extraordinary session, giving twenty days notice of the time of meeting. 

Section 2. That the preceding section shall only be held to describe 
and apply to such officers as shall have been appointed by the advice and 
consent of the Senate to the offices therein named, and such as are eligible 
to the office of President under the Constitution, and not under impeach- 
ment by the House of Representatives of the United States at the time 
the powers and duties of the office shall devolve upon them respectively. 

Section 3. That sections one hundred and forty-six, one hundred 
and forty-seven, one hundred and forty-eight, one hundred and forty-nine, 
and one hundred and fifty of the Revised Statutes are hereby repealed. 

[Approved January 19, 1886.] 

The Secretary of Agriculture and the Secretary of Com- 
merce and Labor, at present members of the President's Cabinet, 
are not included in the succession; these offices were created 
after the law was passed. See Disability of the President. 

Presidential Term. In the Constitutional Convention there 
was much discussion as to the length of the term of office for 
which the President should be elected. The report of the first 
committee appointed to discuss the matter recommended a 
seven-year tenure, without the privilege of re-election. The 
latter provision was stricken from this report by the vote of 
the majority of States. Different members of the Convention 
proposed terms varying from four to twenty years — the latter 
in derision, for the author, when called upon for explanation, 
declared it "the medium life of princes." 

The last committee named for the purpose of reaching a 
conclusion upon which all members could agree determined to 
recommend a term of four years. This resolution was fin- 
ally adopted, but the reasons for it are obscure. It is 
thought that the term of members of the House of Repre- 
sentatives, already fixed at two years, influenced the Conven- 
tion to believe a term twice as long was sufficient for the 
President; but no prohibition was placed upon his ambition 
to succeed himself for as many terms as he could secure 
election. However, the succession was decided for all time 



Presidential Vote 548 President of the United States 

by Washington, who refused a third term, declaring that two 
terms were enough to satisfy the proper ambition of any man. 
President Grant's ill-advised friends attempted to secure for 
him a third term, but they failed to break the precedent estab- 
lished by our first President, whose action is esteemed as having 
the binding effect of a statute. Theodore Roosevelt voiced 
the same sentiment against long incumbency of the office 
when he refused a nomination which might have retained 
his hold upon the Presidency for a total of eleven and one- 
half years. See President of the United States. 

Presidential Vote. See Popular Vote for Presidents. 

President of the Senate. Each House of Congress must 
have both a permanent and a temporary presiding officer. 
The Constitution prescribes the permanent presiding officers 
of the Senate and the House of Representatives and the tem- 
porary chief officer of the Senate. Article I, Section 3, Clause 
4, states that "The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless they be 
equally divided." If the President of the United States be not 
incapacitated during his term of office, the sole duty of the 
Vice-President is to preside as chairman of the Senate. He 
is not a member of that body; during his four years incumbency 
it is doubtful if he would have an opportunity to cast a vote, 
for the occasions when the Senators are equally divided in 
opinion are exceedingly rare. The Vice-President has no voice 
in the selection of committees of the Senate, that option being 
reserved to the members themselves; they never would delegate 
that duty to a man not a Senator. In the absence of the Vice- 
President the presiding officer is the President pro tempore, 
in obedience to the mandate of the Constitution, in Article I, 
Section 3, Clause 5. See Committees of Congress; Presi- 
dent Pro Tempore; Speaker of the House; Organization 
of Congress. 

President of the United States. One of the defects of the 
Government under the Articles of Confederation was the total 
lack of cohesion, such as would be supplied by an Executive 
Department. The delegates to the Constitutional Convention 



President of the United States 549 President of the United States 

[q. v.] were therefore of one mind relative to the necessity of 
an Executive head of the Government. It took some time to 
determine whether this authority should be vested in one per- 
son, or in a number of persons with delegated powers. The 
outcome of lengthy discussions was that there should be a single 
Executive, who should be called by the simple title of President 
of the United States. The Constitution makers clothed this 
Executive with unusual powers and privileges. He is the re- 
sponsible head of the Federal Government, and as such upon 
him is placed the whole burden of faithful execution of the laws 
of the nation. He exercises extensive military powers, being 
commander-in-chief of the army and the navy, but he cannot de- 
clare war, as this function is reserved to Congress in Article I, 
Section 8, Clause 11. He represents the nation in dealing with 
foreign countries. The President, therefore, enjoys a position 
of power and responsibility greater than that delegated to most 
constitutional monarchs of Europe. 

As the country has developed, the Executive Department 
of the Government has kept pace with this growth. Originally 
Congress gave to the President four chief advisers — the heads 
of the State, War and Treasury Departments and the Depart- 
ment of Justice. From time to time these have been still fur- 
ther subdivided, until now there are nine great Executive De- 
partments, all under the direct control of the President, who 
appoints the chief officer of each, and these become by such 
appointment members of his Cabinet. The power of direction 
over these Executive Departments was not defined with abso- 
lute clearness by early Congresses. The act of 1789, creating 
the Treasury Department, contemplated that the Secretary of 
the Treasury should be directly responsible to Congress rather 
than to the President, although this was not specifically stated 
in the act. In creating the Postoffice Department, Congress 
again neglected to specify under what control that Department 
should exist. The question was quite definitely decided for 
all time by President Jackson in his struggle with the United 
States Bank. He removed successive Secretaries of the Treas- 
ury who refused to adopt the policy he outlined, and since 



President of the United States 550 President of the United States 

that time the President's control over the various Executive 
Departments has not been disputed. 

The President of the United States has full power to grant 
reprieves and pardons and to commute sentences for all offenses 
against the United States except in cases of impeachment; 
when the Senate has acted on an impeachment case, the verdict 
is beyond the power of the President to change. However, to 
every other offense, even to treason. Executive clemency may 
be extended. While the President exercises such unbounded 
authority, he is held in check by that provision of the Constitu- 
tion which makes possible his impeachment by the House of 
Representatives for any acts in which he exceeds his authority. 
In case of such impeachment, his trial on the charge is con- 
ducted by the Senate of the United States as jury, with the 
Chief Justice of the Supreme Court as presiding judge. 

Until 1886 there was no satisfactory provision for succession 
to the Presidency beyond the Vice-President, in case of a 
vacancy in the office, but in that year Congress passed a suc- 
cession law which removes for all time the possibility that the 
country may suffer from the uncertainty which might result 
from death or disability of both the President and Vice-Presi- 
dent. The members of the Cabinet, in the following order, are 
now eligible to the Presidency: Secretary of State, Secretary 
of the Treasury, Secretary of War, Attorney-General, Post- 
master-General, Secretary of the Navy, and Secretary of the 
Interior. 

The President receives a salary of $50,000 per year, and his 
official residence, besides which there is an annual appropriation 
by Congress for the maintenance of the Executive mansion 
amounting to about $100,000 per year. Until 1873 the Presi- 
dent received only $25,000 per year. The salary paid our 
Chief Executive is probably the smallest given any officer in the 
world whose responsibilities are so great. There has been an 
effort made to increase his compensation to at least $100,000 
per year, but thus far without result. See Presidential 
Term; Presidential Succession; Presidents of the United 
States. 



President Pro Tempore 



551 



Presidents of the United States 



President Pro Tempore. The word pro tempore means "for 
the time being." The Constitution of the United States pre- 
scribes that the Vice-President shall be President of the Senate, 
and that in his absence, there shall be elected by the Senators 
a President pro tempore (Article II, Section 3). Therefore, at 
the beginning of every Congress the members of the Senate 
choose one of their own number as President pro tempore. He 
must hold himself in readiness to preside over the sessions of 
the Senate whenever the Vice-President is absent. Because of 
this added responsibility, he receives a saL".ry equal to that of 
the Vice-President, namely $12,000. The President pro tempore 
is always of the same political party as the majority of the 
Senators. 

President's Cabinet. See Cabinet of the President. 

President's Message. See Message of the President. 

Presidents of the United States. Following is the list of 
names of our Presidents, in chronological order, with the term 
of office of each: 





Presidents 


Born. 


Term of Office. 


6 


Date. 


Birthplace. 


From 


To 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

''1 


Washington . 
Adams, John. 
Jefferson .... 

Madison 

Monroe 

Adams, J. Q. . 

Jackson 

Van Buren . . 
Harrison, W.. 

Tyler 

Polk 

Taylor 

Fillmore 

Pierce 

Buchanan.. . . 

Lincoln 

Johnson 

Grant 

Hayes 

Garfield 

Arthur 

Cleveland. . .. 
Harrison, B. . 
Cleveland. . .. 
McKinley . . . 
Roosevelt . . . 


Feb. 22, 1732 
Oct. 30, 1735 
Apr. 13, 1743 
Mar. 16, 1751 
Apr. 28, 1758 
July 11, 1767 
Mar. 15, 1767 
Dec. 5, 1782 
Feb. 9, 1773 
Mar. 29, 1790 
Nov. 2, 1795 
Nov. 24, 1784 
Jan. 7, 1800 
Nov. 23, 1804 
Apr. 23, 1791 
Feb. 12, 1809 
Dec. 29, 1808 
Apr. 27, 1822 
Oct. 4, 1822 
Nov. 19, 1831 
Oct. 5, 1830 
Mar. 18, 1837 
Aug. 20, 1833 
Mar. 18, 1837 
Jan. 29, 1843 
Oct. 27, 1858 


Bridges Creek, Va . . . 

Braintree, Mass 

Shadwell, Va 

Port Conway, Va 

Westmoreland Co.Va. 

Quincy, Mass 

Mecklenburg Co., N.C. 
Kinderhook, N. Y ... 

Berkeley, Va 

Charles City Co., Va. . 
Mecklenburg Co., N.C. 

Orange Co., Va 

Summer Hill, N. Y. . . 
Hillsborough, N. H. .. 

Stony Batter, Pa 

Nolin Creek, Ky 

Raleigh, N.C 

Point Pleasant, Ohio . 

Delaware, Ohio 

Bedford, Ohio 

Fairfield, Vt 


Apr. 30,1789 
Mar. 4, 1797 
Mar. 4, 1801 
Mar. 4, 1809 
Mar. 4, 1817 
Mar. 4, 1825 
Mar. 4, 1829 
Mar. 4, 1837 
Mar. 4, 1841 
Apr. 6, 1841 
Mar. 4, 1845 
Mar. 4, 1849 
July 10, 1850 
Mar. 4, 1853 
Mar. 4, 1857 
Mar. 4, 1861 
Apr. 15, 1865 
Mar. 4, 1869 
Mar. 4, 1877 
Mar. 4, 1881 
Sep. 20, 1881 
Mar. 4, 1885 
Mar. 4, 1889 
Mar. 4, 1893 
Mar.- 4, 1897 
Sep. 14, 1901 


Mar. 4, 1797 
Mar. 4, 1801 
Mar. 4, 1809 
Mar. 4, 1817 
Mar. 4, 1825 
Mar. 4, 1829 
Mar. 4, 1837 
Mar. 4, 1841 
Apr. 4, 1841 
Mar. 4, 1845 
Mar. 4, 1849 
July 10, 1850 
Mar. 4, 1853 
Mar. 4, 1857 
Mar. 4, 1861 
Apr. 15, 1865 
Mar. 4, 1869 
Mar. 4, 1877 
Mar. 4, 1881 
Sep. 19, 1881 
Mar. 4, 1885 


22 
23 
24 


CaldweU, N. J 

North Bend, Ohio. . . . 

Caldwell, N.J 

Niles, Ohio 


Mar. 4, 1889 
Mar. 4, 1893 
Mar. 4, 1897 
Sep. 14, 1901 


26 

97 


New York City, N.Y.. 


Mar. 4, 1909 


9S 

























Presidents 



552 



Prima Facie 



Presidents, Politics of the. The present-day dominant 
political parties, the Republican and the Democratic, have 
existed under various names since the adoption of the Consti- 
tution. Classified under these two organizations, the politics 
of the Presidents is given in the following table. It must be 
remembered, however, that with changed conditions from 
time to time, the policies for which the parties have contended 
have also changed; "new occasions teach new duties." The 
inference must not be made that because the first President 
belonged to the organization which developed the Republican 
party, he would have endorsed the present Republican princi- 
ples of high protective tariff or gold standard currency, or that 
the first Democrat in the Presidential office would favor the 
Democratic policies of today: 





YEARS. 




YEARS 




KEPUB- 
LICAN 


DEMO- 
CRATIC 


REPUB- 
LICAN 


DEMO- 
CRATIC 


Washington 


8 
4 


■ ■ ■ 8' ' 

8 
8 

■ ■ ■ 8' ' 

4 

■ ■ ■ 4" ' 


Pierce 




4 


Buchanan 




4 


Jefferson 


Lincoln and Johnson 

Grant 

Hayes 


8 
8 
4 
4 




Madison 












Adams, J. Q 

Jackson 


4 


Garfield and Arthur 

Cleveland 


■ ■ ■ 4" ■ 


Van Buren 




Harrison, B 


4 




Harrison and Tyler. . .. 


4 


Cleveland 


4 


Polk 


McKinlev 


4 

8 




Taylor and Fillmore. . . 


4 


Roosevelt 





For the first 104 years of our Government these two parties 
shared equally in administration, each being credited with 
fifty-two years. . In the following table the name is given by 
which each party was known at the time of the various elections: 



Name. Politics. 

George Washington (Unanimous.) 

John Adams Federal. 

Thomas Jefferson Democrat. 

James Madison Democrat. 

James Monroe Democrat. 

John Quincy Adams Federal. 

Andrew Jackson Democrat. 

Martin Van Buren Democrat. 

Wm. Henry Harrison Whig. 

John Tyler Whig. 

James K. Polk Democrat. 

Zachary Taylor Whig. 

Millard Fillmore Whig. 



Name. Politics. 

Franklin Pierce Democrat. 

James Buchanan Democrat. 

Abraham Lincoln. Republican. 

Andrew Johnson Republican. 

U. S. Grant Republican. 

R. B. Hayes Republican. 

James A. Garfield Republican. 

Chester A. Arthur Republican. 

Grover Cleveland Democrat. 

Benj. Harrison Republican. 

Grover Cleveland Democrat. 

William McKinley Republican- 

Theodore Roosevelt Republican- 



Prima facie, a Latin term signifying at first view, or so 
far as first appears; or, evident from appearance, without the 
necessity of further proof. 



Primary Election 553 Privateer 

Primary Election. See Elections. 

Prisoners of War. The leading countries of the world by 
convention have agreed upon the rules which shall mark the 
treatment of prisoners of war. An officer or enlisted man who 
surrenders must be humanely treated; medical officers with 
their staffs, together with all other non-combatants, unless 
they have used arms, should, if captured, be allowed to go 
free. If not incapable, because of sickness or wounds, a prisoner 
may be made to work and contribute towards the expense of 
his living; the labor, however, must be suited to the condition 
of the prisoner. A prisoner of war is justified in attempting 
to escape, unless he has pledged his word that he will not do 
so; but the captor may lawfully shoot the prisoner so attempt- 
ing to gain his liberty, provided the shooting is done during the 
attempt. Captors may exercise their discretion regarding 
paroles; it is a matter of courtesy or convenience merely. Even 
if a parole is offered, a prisoner may refuse it without jeopardiz- 
ing any of his rights as a prisoner of war. A man accepting 
parole and returning to his home may not engage again in 
active service against the enemy, but he may without violating 
his parole take part in drilling, recruiting, etc. If a parole is 
violated and the prisoner be re-taken, he may legally be put to 
death or placed in solitary confinement. Prisoners of war 
receive no pay from the day of capture until they are released, 
except that in the option of the Government the pay of officers 
may continue. 

Private Act. Legislation which affects private persons 
only and carries no direct interest to the general public is 
called private legislation; such a specific act of a Legislature or 
of Congress is a private act. A law permitting a man to change 
his name is an illustration; no interests are affected except 
those of the person making the request. A pension granted 
to a person in a private pension bill would not be included under 
this heading, for a question of revenue and possible taxation 
is involved, in which all people are interested. 

Privateer. A vessel owned and officered by private 
citizens, but engaged in war service against an enemy by 



Private Legislation 554 Prohibition Party 

authority of Government, is a privateer. Such action is legal- 
ized by a letter of marque; if taken by the enemy a privateer 
is subject to all the rules of war which govern naval vessels. 
In most countries privateers are now unknown, well-equipped 
navies providing ample means of offense and defense, and 
expeditions for redress of private grievances are no longer 
permitted. See Marque and Reprisal, Letters of. 

Private Legislation. See Private Act. 

Probate Court. A court established in the counties of 
every State, having jurisdiction over the proof of wills, guardian- 
ships and the settlement of estates, is called a Probate Court. 
The presiding officer of such a court is the Judge of Probate. 
His term of office is usually four years, although in many States 
it is but two. Any person interested in the settlement of any 
estate according to provisions of a will may compel the probate 
of it by application to the Probate Court. This will cause a 
summons to be issued upon the person having the custody of 
the will. The Judge of Probate may cite the executor to prove 
the will at the instance of any one claiming an interest in it. 

Probate Judge. See Judge of Probate. 

Prohibition, a political and social issue in the United 
States, relative to the manufacture and sale of malt and spiritu- 
ous liquors for use as beverages. The leading influence back 
of this very formidable movement since about 1880 has been the 
National Prohibition party, which has taken a radical stand 
against the liquor traffic. The agitation has resulted in non- 
partisan efforts in many States to close dram-shops, with 
remarkable success. It is estimated that in 1908 nearly forty 
million of American citizens were living in territory from which 
saloons have been banished. See Local Option; High 
License; Prohibition Party. 

Prohibition Party, National. The first move in the 
direction of a National organization of a political nature having 
for its object the suppression of the liquor traffic was under- 
taken by the Independent Order of Good Templars, in May, 
1869. During a meeting of the Grand Lodge at Oswego, New 
York, it was decided to favor "independent action for the 



Prohibition Party 555 Prohibition Party 

promotion of the temperance cause." A call was made for a 
National convention to organize a National Prohibition party, 
and this meeting was held in Chicago, in November of the 
same year. The first platform of principles has been re-adopted 
regularly every four years with practically no change regarding 
the main issues. It claimed that the traffic in intoxicating 
liquors is a dishonor to Christian civilization and a political 
wrong; suppression by law was advocated, and the entire pro- 
hibition of the traffic, in State and Nation, was declared to be 
good in law and feasible in practice. 

The party has never polled a vote large enough to hold the 
balance of power in any State, but it has remained very active 
in all sections of the country and has kept the saloon question 
constantly before the voters. The effect of the propaganda 
has been most encouraging; opponents of the liquor business 
in many States have united in local or State elections on this 
issue and have put the saloons out of existence in a vast terri- 
tory. It would be incorrect to say that the National Prohibi- 
tion party has accomplished the feat; but to its persistence 
much of the credit must be given. The results of the tem- 
perance movement, up to July, 1908, may be summarized as 
follows : 

Alabama — County option law secured; Sunday closing well enforced 

Arkansas — Sixty dry counties out of seventy-five. 

California — Four dry counties and 200 dry cities and towns. 

Colorado — Local option secured in 1907. 

Connecticut — Town and local option; ninety dry cities and towns. 

Delaware — State voted for prohibition governor Nov. 5, 1907; many cities dry 

Florida — Thirty-five dry counties out of forty-five. 

Georgia — Adopted state prohibition Aug. 5, 1907. 

Idaho — License; Sunday law passed, 1905. 

Illinois — Local-option law passed in 1907; twenty-seven counties and 600 towns 

and cities dry; two-thirds of Chicago's area under prohibition or local-option law. 
Indiana — Dry cities and towns, 723; people in dry territory, 1,300,000. 
Iowa — Dry counties, sixty-five; constitutional prohibition adopted in 1882, but 

courts declared it invalid on technical grounds ; no popular vote on question 

taken since then. 
Kansas — State prohibition adopted in 1880. 

Kentucky — Ninety-nine counties dry; only foi' wholly wet; Louisville dry. 
Louisiana — Twenty-four dry parishes out of fifty-nine. 
Maine — State prohibition from 1855; in constitution since 1884. 
Maryland — Fourteen dry counties out of twenty-four. 
Massachusetts — Dry cities and towns, 250; laws strict and well enforced, 
Michigan — Seven hundred dry cities and towns. 



Property 556 Property 



Minnesota — Sunday closing well enforced in entire state; 123 dry cities and towns. 

Mississippi — Fifty-eight dry counties out of seventy-five; state governor prohibi- 
tionist. 

Missouri — Sunday closing enforced in all the cities; forty-four dry counties in 1907 
as against three in 1905. 

Montana — License. 

Nebraska — Village and city option; 400 dry cities and towns. 

Nevada — License. 

New Hampshire — Sixty-two per cent of population in dry towns. 

New Jersey — Sunday closing well enforced; no dry counties. 

New York — Town and township option ; 300 dry cities and towns. 

North Carolina — Sixty-seven dry counties out of ninety-seven. 

North Dakota — State prohibition since 1889. 

Ohio — Sunday closing enforced; 1,140 dry cities and towns. 

Oregon — Sunday closing enforced; twelve counties and 170 cities and towns dry; 
state prohibition coming. 

Oklahoma — State prohibition adopted Sept. 17, 1907. 

Pennsylvania — License with privilege of remonstrance; one dry county and several 
dry cities and towns. 

Rhode Island — Sixteen dry cities and towns. 

South Carolina — Recently repealed dispensary law; move for state prohibition in 
progress ; eighteen dry counties. 

South Dakota — Large sections of state dry. 

Tennessee — Sunday closing enforced; 1,845 dry cities and towns; outlook for state 
prohibition favorable. 

Texas — One hundred and fifty dry counties and fifty partially dry; campaign for 
state prohibition under way. 

Utah — License. 

Vermont — Prohibition expected soon; counties against license. 

Virginia — Seventy-two dry counties out of 118. 

Washington — Sunday closing enforced ; license, with but fifty dry towns. 

West Virginia — Thirty dry counties out of fifty-five; governor opposes liquor traflSc. 

Wisconsin — Six hundred and fifty dry cities and towns. 

Wyoming — License. 

Arizona and New Mexico — License. 

District of Columbia— Campaign for prohibition under way. 

Property, Private, Right of. Private property is that 
which belongs by absolute right to an individual for his personal 
disposition, use and benefit. His right to the enjoyment of 
all private property legally acquired is protected by statute in 
every State. If private property rights are jeopardized, the 
courts grant ready redress of grievances. In return for this 
protection every owner of property, personal and real, is in- 
debted to his State; this debt is in proportion to the value of 
his possessions, and is assessed in the form of taxes. A tax, 
even when moderate, is usually a most unwelcome debt; the 
person against whom it is levied too frequently forgets that 
it is the cheapest insurance against the rapacity of his fellow 
men that can be purchased. 



Prosecuting Attorney 557 Protective Tariff 

" Prosecuting Attorney, same as State's Attorney [q. v.]. 

Protection is the political system or policy of promoting the 
industrial development of a country by application of one or 
all of the following means: (1) By giving direct Government 
aid to particular industries, as subsidies [q. v.] paid to steamship 
lines or railroads whose promoters are pioneers in new and 
unprofitable directions; (2) by the imposition of taxes on 
other industries, thus lessening the amount of production in 
that direction; (3) by placing such burdens as customs' duties 
[q. v.] on the foreign exporter or home importer of such com- 
modities as it is desired to produce at home. 

Subsidies have been given by Congress to various enter- 
prises in their early stages to develop and encourage American 
capital and labor; as our wealth increased and business was 
better able to care for itself this support has been withdrawn. 
The favorite method of applying protection to our industries 
is by the levy of unusually high tariffs against foreign articles 
which enter in our markets into competition with commodities 
of domestic manufacture. For a discussion of this phase of 
our political economy, see Protective Tariff. 

Protective Tariff. A tariff which has for its object the 
placing of a high rate of duty upon articles of foreign manu- 
facture which enter into competition with domestic manufac- 
tures is called a protective tariff. Such a tariff levied against 
a foreign commodity raises the price of that commodity in the 
United States to a price to which our home-manufactured 
goods can be made and sold. Foreign countries pay very low 
wage scales; our workmen are well paid. To permit an article 
costing one dollar in the country of its manufacture to enter 
our ports duty free must bring the market value of a similar 
domestic article, costing one dollar fifty cents to manufacture, 
down to the same sum; at any higher price the domestic com- 
modity might be driven from the market. To sell the home 
article in competition with the duty-free foreign goods would 
necessitate a reduction of one-third in cost of domestic manu- 
facture; this would mean a considerable decrease in wages 
paid our workmen. The advocates of a protective tariff 



Pro-Tempore 558 Provincial Congresses 

maintain that the American workman should not be forced to 
compete with the cheaper labor of Europe. To prevent the 
pauperization of our great army of workers in industries affected 
by European competition, a tariff may be levied against a 
selected list of articles and made high enough to afford security 
to the American laborer. The foreign article mentioned above 
may meet at our shores a tariff of fifty per cent; its cost to the 
importer is therefore one dollar fifty cents, and the domestic 
article meets it on even terms. The customs duties collected 
are applied to Government expenses. 

The greatest political battles since 1880, with two excep- 
tions, have been waged over the question of protection and 
free trade [q. v.]. The McKinley Bill [q. v.] marked the extreme 
limit to which protective tariff ideas have been applied thus 
far in our history. 

Pro Tempore is a Latin word meaning "for the time being." 
It is used to indicate a temporary officer who holds himself 
in readiness to assume the duties of a given position in the 
absence of the regularly elected official. See President Pro 
Tempore 

Provincial Congresses. After 1770 the rapidly growing 
discontent among the colonists toward the domineering attitude 
of Great Britain led to calls of representative conventions in a 
number of the colonies to discuss the impending crisis. 

Massachusetts. The Continental Congress in session at 
Philadelphia increased the boldness of the people to oppose 
Great Britain's attitude, and Governor Gage countermanded 
the permit he had given to the Massachusetts Assembly to 
meet at Salem. The members denied him the right of counter- 
mand, and they met, ninety in number, on October 5, 1774. 
After waiting two days for the Governor to appear, they organ- 
ized themselves without his presence into a Provincial Congress, 
of which John Hancock was President. Adjournment followed 
to Concord, where six days later 260 members were present; 
then they adjourned to Cambridge, from which meeting point 
they sent a message to Gage, advising him of their action in 
forming a convention. The body complained of unlawful acts 



Provincial Congresses 559 Provincial Congresses 

of Parliament, but expressed their loyalty to the King; it 
protested against the fortifying of Boston Harbor by the 
Governor, and this latter act so incensed Gage that he de- 
nounced all the acts of the Congress. This, however, only 
increased their zeal, and a committee of safety was appointed 
to whose members were delegated large powers. They were 
authorized to call out the militia of Massachusetts, and in 
other ways to perform acts of sovereignty. Sixty thousand 
dollars was appropriated to secure ammunition and military 
stores; provision was made for arming all males in the province, 
and general officers were appointed for the militia. Massa- 
chusetts was therefore practically on a war footing when 
hostilities were actually begun the next year. 

New Hampshire. Ninety-eight counties, towns and par- 
ishes were represented in the Provincial Congress which met 
at Exeter in May, 1775. This body established a postofiice at 
Portsmouth, in order that communications on the general 
civil and military situation could be rapidly dispatched. It 
provided also for procuring arms, recommended the establish- 
ment of home manufactures, commissioned a first commander 
of the militia, and provided for the issue of paper money to 
meet immediate needs. 

New Jersey. On the 23rd of May, 1775, a Provincial 
Congress met at Trenton and representatives from thirteen 
counties participated in its deliberations. The call by the 
Governor was to consider a conciliatory proposition presented 
by Lord North. The Congress declined to approve North's 
recommendation or take any decisive step in the matter until 
the Continental Congress at Philadelphia had given its approval. 
With the convening of this body, all royal authority in New 
Jersey was at an end. Measures were adopted for organizing 
the militia, and an issue of $50,000 in paper money was author- 
ized for the payment of extraordinary expenses. 

New York. In May, 1775, on the recommendation of a 
standing committee of safety of the City of New York, delegates 
from a majority of counties met in New York in a Provincial 
Congress. This body forwarded to the Continental Congress a 



Provost Marshal 560 Proxy 

financial scheme for the defense of the colonies, by the issue 
of Continental paper money. It was this plan that was sub- 
sequently adopted. This Congress took measures to enlist 
four regiments for the defense of the province and for erecting 
fortifications which had been recommended by the Continental 
Congress. It was agreed by this body also to furnish provisions 
for the garrison at Ticonderoga. 

North Carolina. In August, 1775, a Provincial Congress 
of 184 members assembled at Hillsboro. They declared their 
intention to protect the Carolina regulators who were liable to 
punishment by the British authorities. The raising of troops 
was provided for to the extent of ten battalions, to be called 
minute-men. An issue of bills of credit, or paper money, to 
the amount of $150,000 was authorized. 

Provost Marsha!, an officer of the army who occupies a 
position comparable to that of policeman among civilians. 
Each separate army in the field has an officer of the rank of 
field officer called the Provost Marshal-General; each army 
corps a Provost Marshal, of field officer rank, and each division 
a Provost Marshal of the rank of Captain. This officer has at 
all times under his command a force sufficient to preserve 
proper order throughout the army and along its lines of com- 
munication. He also protects the inhabitants in the vicinity 
from depredations and violence on the part of the soldiers; he 
keeps a careful watch over all camp-followers, arrests deserters, 
picks up stragglers, and takes charge of all prisoners of war. 

Proxy, Vote by. A vote by proxy is the act of one person 
casting a ballot for another. Both the person who actually 
performs the act of voting and the authority under which he 
does so are called the proxy. The commonest use of proxies 
is at meetings of stockholders of corporations. It has become 
quite a common practice for great mutual business enterprises 
such as life insurance companies to continue a group of officials 
in power indefinitely through permanently assigned proxies. 
The use of proxies is not permitted at political elections or 
conventions; in the latter, if a delegate cannot be present a 
previously appointed alternate may serve in his place. 



Public Administrator ^ 561 Public Lands 

Public Administrator. In some States the Governor 
appoints, or the people elect, for each county a person whose 
office is that of public administrator. By virtue of his office 
he becomes administrator of the estates of deceased persons 
whose wills do not name administrators, or whose heirs cannot 
agree upon an administrator. This officer may be consulted 
by all persons interested in the settlement of an estate, without 
the payment of attorney's fees. His remuneration is by fees 
out of the estates in his charge. See Administrator. 

Public Enemy. In international law a public enemy is 
a country with whom a nation is at open war. 

Public Lands are parts of the domain of the country yet 
under Government control, designed ultimately to be sub- 
divided and occupied b^ settlers on terms fixed by law. Prior 
to the opening of any portion of the public domain to settle- 
ment the Government conducts a survey of the part to be 
opened, that description and location of any parcel of it may 
be facilitated. According to the system of surveys in force 
for more than one hundred years, all the land is divided into 
sections by imaginary lines one mile apart, both east and west 
and north and south. A block of sections six miles square 
usually forms the political unit called a township. 

The thirteen original States and Maine, Vermont, Ken- 
tucky, Tennessee, Virginia and West Virginia were surveyed 
very irregularly. Lands were described in the simplest way 
which appealed to the eye and to the understanding — from 
stump to stone, from creek t© other natural landmark, etc. 
Thomas Jefferson was chairman of a committee appointed to 
devise a rational system of surveys for the new Northwest 
Territory. The system decided upon is the one which has 
retained favor to this day. The most noticeable peculiarity of it 
is that it is rectangular. A prime meridian is first determined, 
then a base-line crossing it at right angles. Then from points 
on the base-line six miles and multiples thereof from the me- 
ridian, lines are run due north. And parallels to the base-line 
are run at distances of six miles. The approximate squares 
thus formed are called townships. The rows of townships 



Public Works 



562 



Pure Democracy 



running north and south are called ranges. Townships are 
numbered north and south from the base-line; ranges east and 
west from the meridian. 

Since meridians all terminate at the poles, the lines be- 
tween ranges, being meridians, gradually approach each other 
as they go northward. The lines, then, soon become so much 
less than six miles apart that a new beginning has to be made. 
The parallel upon which this correction is made is naturally 
called the correction line. Corrections were at first made every 
36 miles, but they are now made every 24 miles. 

In 1908 the public lands remaining in the various States 
are included in the following list, taken from the report of the 
Commissioner of the General Land Office: 



State or 
Territory. 


Area Unappropriated 
AND Unreserved. 


State or 
Territory 


Area Unappropriated 

AND Unreserved. 




Surveyed. 


Unsurveyed 


Surveyed. 


Unsurveyed 


Alabama 


Acres. 

156,820 

7,125 

12,753,267 

1,497,142 

23,746,839 

23,053,308 

375,926 

8,796,687 

315,674 

73,287 

286,419 

1,773,122 

50,280 

88,414 


Acres. 


Montana 

Nebraska 

Nevada 

New Mexico . . 
North Dakota 
Oklahoma. . . . 

Oregon 

South Dakota 
Utah 


Acres. 
21.024,719 

3,543,161 
32,804,244 
33,368,850 

2,716,835 

71,051 

12,859,473 

7,690,098 
12,008,063 

2,678,658 

16,240 

35,136,428 


Acres. 
28,774,795 


Alaska 


*368,028,850 
32,766,679 


Arizona 

Arkansas 


28,354,337 

13,900,732 

182,850 


California 

Colorado 


6,644,209 

1,847,491 

61,648 

21,270,257 


Florida 

Idaho 

Kansas 


4,871,466 

140,607 

25,201 111 


Louisiana 

Michigan 


65,018 


Washington.. . 
Wisconsin. . . . 
Wyoming 


2,311,279 


Minnesota. . . . 
Mississippi. .. . 
Missouri 


391,133 


2,733,808 




Grand Total.. 


236,892,100 


537,546,320 



*The unreserved lands in Alaska are mostly unsurveyed and unappropriated. 

Public Works are permanent improvements made for the 
good of all the people. Expense of erection is borne by the 
central Government, which may be municipal. State or National. 
Examples under the first class are systems of lighting and of 
waterworks; under the second and third, roads, canals, harbors, 
etc. Paving and other improvements of like nature, while 
constructed under a municipality's department of public 
works, are considered more in the nature of private enterprises, 
so they are not paid for from public funds, but by assessments 
against adjoining property. National public works are under 
the direction either of the War or the Interior Department. 

Pure Democracy. See Democracy. 



Q 



Qualifications of Voters. Each State determines for itself 
and outlines in its Constitution what qualifications it shall 
demand of those who would vote within its borders. Laws 
governing voting, therefore, are not uniform throughout the 
United States. In Colorado, Wyoming, Utah and Idaho women 
are entitled to the suffrage on equal terms with men; they are 
privileged to vote for school officials in about a dozen States. 

The Federal House of Representatives is composed of 
members chosen from all the States, but they are not chosen 
by electors having uniform voting qualifications. The Con- 
stitution declares (Article I, Section 2, Clause 1) that electors 
of Representatives "shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature." 
This means that the United States Government will allow any 
man to vote for Representative in Congress who is entitled 
in his State to vote for State Representative. It is legal in 
some States for a person of foreign birth to vote before he is 
fully naturalized — after he has received his first naturalization 
papers. The following table gives the qualifications imposed 
in each State: 





Previous 










Residence 


a 


S 




REQUIREMENTS 


Required. 


o 


o 










• 


^ 


"V 


Excluded from 


FOR Voters in the 




tA 




CJ 


^ 


f-l 


voting. 


Various States. 


aJ 


3 


a 




"51 


s 




m 


8 
1 y. 


o 
H 

3 m 


3 m 


Yes. 


pq 

Yes. 




ALABAMA— Citizens of 


2y. 


If convicted of treason, em- 


good character and un- 














bezzlement of public funds, 


derstanding, or aliens wlio 














malfeasance in office or 


have declared intention; 














other penitentiary offenses. 


must exhibit poll-tax re- 














idiots or insane. 


ceipt. 
















ARKANSAS— Like Ala- 


ly. 


6 m 


30 d 


30 d 


No. 


Yes. 


Idiots, insane, convicts un- 


bama, except as to "good 














til pardoned, nonpayment 


character." 














of poll tax. 


CALIFORNIA — Citizens 


ly. 


90 d 




30 d 


Yes. 


Yes. 


Chinese, insane, embezzlers 


by nativity; naturahzed 














of public moneys, convicts. 


for 90 days, or treaty of 
















Queretaro. 
















COLORADO — Citizens, 


ly. 


90 d 


30 d 


10 d 


Yes. 


Yes. 


Persons under guardianship, 


male or female, or aliens 














insane, idiots, prisoners 


who declared intention 4 














convicted of bribery. 


months before offering to 
















vote. 








' 





563 



Qualifications of Voters 



564 



Qualifications of Voters 





Previous 










Residence 




S 
o 




Requirements 
FOR Voters in the 


Required. 


c3 












Excluded from 


Various States 


OJ 


^ 
c 


c 


o 


CO 


o 


voting. 




CO 


8 


& 
^ 


i 


"So 
Yes. 


3 

pq 




CONNECTICUT — Citi- 


ly. 


....6 m 


Yes. 


Convicted of felony or other 


zens wlio can read Eng- 














infamous crime unless 


lish. 














pardoned. 


DELAWARE — Citizens 


ly. 


3 m 




30 d 


No. 


Yes. 


Insane, idiots, felons. 


paying $1 registration fee. 














paupers. 


FLORIDA— Citizens of 


ly. 


6 m 


.... 


30 d 


Yes. 


Yes. 


Persons not registered, in- 


United States. 














sane or under guardian, 
felons, convicts. 


GEORGIA — Citizens who 


ly. 


6 m 






(a) 


No. 


Persons convicted of 


can read and have paid 






crimes punishable by im- 


all taxes since 1877. 














prisonment, insane, delin- 
quent taxpayers. 


IDAHO — Citizens, male or 


6 m 


30 d 


3 m 


10 d 


Yes. 


Yes. 


Chinese, Indians, insane, 


female. 














felons, polygamists, biga- 
mists, traitors, bribers. 


ILLINOIS— Citizens o f 


1 y. 


90 d 


30 d 


30 d 


Yes. 


Yes. 


Convicts of penitentiary 


United States. 














until pardoned. 


INDIANA— Citizens, o r 


6 m 


60 d 


60 d 


30 d 


No. 


Yes. 


Convicts and persons dis- 


aliens who have declared 














qualified by judgment of a 


intention and resided 1 














court. United States sol- 


year in United States. 














diers, marines and sailors. 


IOWA— Ci t izens of 


6 m 


60 d 


10 d 


10 d 


ib) 


Yes. 


Idiots, insane, convicts. 


United States. 
















KANSAS — Citizens; aliens 


6 m 


30 d 


30 d 


10 d 


(6) 


Yes. 


Insane, persons under 


who have declared inten- 














guardianship, convicts, bri- 


tion; women vote at mu- 














bers, defrauders of the 


nicipal and school elec- 














government and persons 


tions. 














dishonorably discharged 
from service of United 
States. 


KENTUCKY— Citizens of 


1 y. 


6 m 


60 d 


60 d 


(c) 


No. 


Treason, felony, bribery, 


United States. 














idiots, insane. 


LOUISIANA — C i t i z e n s 


2y. 


1 y. 




6 m 


Yes. 


No. 


Idiots, insane, all crimes 


who are able to read and 




punishable by imprison- 


write, who own $300 














ment, embezzjing public 


worth of property or 














funds unless pardoned. 


whose father or grand- 
















father was entitled to vote 
















Jan. 1, 1867. 
















MAINE— Citizens of the 


3 m 


3 in 


3 ni 


3 m 


Yes. 


Yes. 


Paupers, persons under 


United States. 














guardianship, Indians not 
taxed. 


MARYLAND- Citizens of 


1 y. 


6 m 


6 m 


1 d. 


Yes. 


Yes. 


Persons convicted of lar- 


United States who can 














ceny or other infamous 


read. 














crime, persons under 
guardianship, insane, idiots. 


MASSACHUSETTS — Cit- 


1 y. 


6 m 


6 m 


6 m 


Yes. 


Yes. 


Paupers (except United 


izens who can read and 














States soldiers), persons 


write English. 














under guardianship. 


MICHIGAN— Citizens, or 


6 m 


20 d 


20 d 


20 d 


Yes. 


Yes. 


Indians holding tribal rela- 


aliens who declared in- 














tions, duelists and their 


tention prior to May 8, 














abettors. 


1892. 
















MINNESOTA— Citizens of 


6 m 


30 d 


30 d 


30 d 


(rf) 


Yes. 


Treason, felony unless par- 


the United States. 














doned,insane, persons under 
guardianship, uncivilized 
Indians. 


MISSISSIPPI— C i t i z e n s 


2 y. 


1 y. 


1 y. 


1 y. 


Yes. 


Yes. 


Insane, idiots, felons, de- 


who can read or under- 














linquent taxpayers. 


stand the constitution. 
















MISSOURI — Citizens, or 1 y. 


60 d 


60(1 


60 d 


(f) 


Yes. 


Paupers, persons convicted 


aliens who have declared 












of felony or other infamous 


intention not less than 












crime or misdemeanor or 



Qualificafions of Voters 



565 



Qualifications of Voters 



Requirements 

FOR Voters in the 

Various States. 





Previous I 


Residence 


Required. 




>i 




o 




















3 


is 






o 






m 


O 


H 


Ph 



Excluded from 
voting. 



1 nor more than 5 years 
before offering to vote 



MONTANA— Citizens 
United States. 



of 



NEBRASKA— Citizens, or 
aliens who have declared 
intention 30 days before 
election. 

NEVADA — Citizens o f 
United States. 



NEW HAMPSHIRE— Cit- 
izens of United States 



NEW .JERSEY — Citizens 
of United States. 



NEW YORK — Citizens 
who have been such for 90 
days. 



NORTH CAROLINA— Cit- 
izens of United States 
who can read. 

NORTH DAKOTA— Citi- 
zens or aliens who have 
declared intention 1 year 
and not more than 6 
prior to election, and 
civilized Indians. 

OHIO — Citizens of the 
United States. 



OKLAHOMA — Citizens of 
the United States and 
native Indians. 

OREGON— W h i t e male 
citizens, or aliens who 
have declared intention 
1 year before election. 

PENNSYLVANIA— Citi- 
zens at least 1 month, 
and if 22 years old must 
have paid tax within 2 
. years. 

RHODE ISLAND — Citi 
zens of United States. 



SOUTH CAROLINA— Cit 
izens of United States 
who can read. 



ly. 



6 m 



6 m 



ly. 

ly. 

2y. 
ly. 

ly. 
ly. 

6 m 

ly. 



2y. 



30 d 



40 d 



30 d 



6 m 



4 m 



6 m 



6 m 



30 d 



6 m 



1 y 



30 d 



10 d 



30 d 



6 m 



30 d 



20 d 



30 d 



6 m 



30 d 



10 d 



30 d 



6 m 



30 d 



4 m 



90 d 



20 d 



30 d 



2 m 



4 m 



Yes. 



(&) 



Yes, 



Yes. 



Yes. 



Yes. 



Yes. 



if) 



(?) 



No. 



Yes. 



{.ID 



Yes. 



Yes. 



Yes. 



Yes. 



Yes. 



Yes. 



Yes. 



No. 



Yes. 



Yes. 



Yes. 



Yes. 



Yes, 



Yes. 



No. 



violating right of suffrage 
unless pardoned; second 
conviction disfranchises. 
Indians, felons, idiots, in- 
sane. 

Lunatics, persons convicted 
of treason or felony unless 
pardoned. United States 
soldiers and sailors. 
Insane, idiots, convicted of 
treason or felony, unam- 
nestied confederates against 
the United States, Indians 
and Chinese. 

Paupers (except honorably 
discharged soldiers), per- 
sons excused from paying 
taxes at their own request. 
Paupers, insane, idiots and 
persons convicted of crimes 
which exclude them from 
being witnesses unless par- 
doned. 

Convicted of bribery or any 
infamous crime unless par- 
doned, betters on result of 
election, bribers for votes 
and the bribed. 
Idiots, lunatics, convicted 
of felony or other infamous 
crimes, atheists. 

Felons, idiots, convicts, un- 
less pardoned. United 
States soldiers and sailors. 



Idiots, insane. United 

States soldiers and sailors, 

felons unless restored to 

citizenship. 

Felons, paupers, idiots and 

lunatics. 

Idiots, insane, convicted 
felons, Chinese, United 
States soldiers and sailors. 

Persons convicted of some 
offense forfeiting right of 
suffrage, nontaxpayers. 



lunatics, idiots, 
of bribery or 
crime until re- 



Paupers, 
convicted 
infamous 
stored. 

Paupers, insane, idiots, 
convicted of treason, duel- 
ing or other infamous crime. 



Quarantine 



566 



Quarantine 



Requirements 

FOR Voters in the 

Various States. 


Previous 
Residence 
Required. 


o 


a 

o 
o 






c 

O 


i 


o 

a 


Excluded from 
voting. 


SOUTH DAKOTA— Citi- 
zens, or aliens who have 
declared intention. 

TENNESSEE — Citizens 
who have paid poll tax 
preceding year. 

TEXAS— Citizens, or aliens 
who have declared inten- 
tion 6 months before 
election. 

UTAH Citizens of United 


6m 

ly. 

ly. 

ly. 
ly. 

2y. 

ly. 
ly. 

ly. 

ly. 


30 d 

6 m 
6 m 

4 m 
3 m 

1 y. 

90 d 
60 d 

10 d 

60 d 


10 d 


10 d 


(k) 


Yes. 

Yes. 
Yes. 


Persons under guardian, 

idiots, insane, convicted of 

treason or felony unless 

pardoned. 

Convicted of bribery or 


6 m 

3 m 

1 y. 

30 d 
10 d 

10 d 

10 d 


60 d 
3 m 

30 d 

30 d 

10 d 
10 d 


other infamous crime, fail- 
ure to pay poll tax. 
Idiots, lunatics, paupers, 
convicts. United States sol- 
diers and sailors. 

Idiots, insane, convicted of 


States, male or female. 

VERMONT— Citizens o f 
United States. 

VIRGINIA— Citizens o f 
United States of good un- 
derstanding who have 
paid poll tax for three 
years and all ex-soldiers. 

WASHINGTON — Citizens 
of United States. 

WEST VIRGINIA— Citi- 
zens of the state. 

WISCONSIN— Citizens, or 
aliens who have declared 
intention. 

WYOMING— Citizens, male 
or female. 


Yes. 
Yes. 

No. 

(D 

Yes. 


Yes. 
No. 

Yes. 

Yes. 

Yes. 
Yes. 


treason or violation of 
election laws. 

Unpardoned convicts, de- 
serters from United States 
service during the war, ex- 
confederates. 

Idiots, lunatic, convicts 
unless pardoned by the 
legislature. 

Indians not taxed. 

Paupers, idiots, lunatics, 
convicts, bribers. United 
States soldiers and sailors. 
Insane, under guardian, 
convicts unless pardoned. 

Idiots, insane, felons, un- 
able to read tne state con- 
stitution. 



(a) Registration required in some counties. (6) In all cities, (c) In the 
cities of first, second and third class, (d) Required in cities of 1,200 inhabitants 
or over, (e) In cities of 100,000 population or over. 

(/) In cities of 3,000 population or over, (g) In cities of not less than 9,000 
inhabitants, (h) Nontaxpayers must register yearly before Dec. 31. (i) In towns 
having 1,000 voters and counties where registration has been adopted by popular 
vote. (;) All counties having 50,000 inhabitants or over, (fc) In cities of 10,000 
or over. 

Quarantine is an enforced isolation of a vessel arriving at 
a port from a foreign country, during which Government 
health officers may examine the passengers and records of the 
vessel to determine the state of health of all on board. Usually 
the period of quarantine is only for a few hours; if contagious 
disease is discovered, however, the isolation may continue for as 
long a period as three weeks. No ship commander ever passes 
the designated quarantine station until his vessel is released 
by the authorities. The quarantine laws of all countries are 
rigidly enforced. 



Quartermaster 567 Quo Warranto 

Quartermaster, a staff officer of a regiment of troops, 
usually of the rank of First Lieutenant. He has charge of 
providing food and clothing, arranging camps, securing trans- 
portation, etc. 

Quorum. A quorum is such a number of persons belonging 
to any Legislative or corporate body as its rules specify shall 
be necessary for the legal transaction of business. No uni- 
formity exists with respect to the number of persons who may 
constitute a quorum. However, in Legislative bodies usually 
a majority of the membership is a legal working organization. 
The only action that can be taken when fewer than a quorum 
are present is to adjourn, except that, if it be considered neces- 
sary, such measures may be voted as shall force the attendance 
of absent members at the next regular session. 

Quo Warranto. A writ of quo warranto is a judicial paper 
commanding a person to show by what warrant he exercises 
authority in an official position to which his legal election or 
appointment is in doubt. A hearing following the issuance 
of such a writ either confirms the right of the defendant to his 
office or effects his removal. 



R 



Rag Currency, a term derisively applied to paper money 
by the opponents of the Greenback party in the days when it 
was a considerable factor in politics. See Greenback Party. 

Raid, a hostile invasion into adjacent foreign territory or 
political division by an armed force acting without authority. 
If later the invasion is sanctioned by the Government of which 
the raiders are citizens or subjects then the raid becomes an 
act of war and the sanction a virtual declaration of war. The 
country whose territory is invaded by raiders is not obliged to 
treat them as belligerents [q. v.J, but may punish them accord- 
ing to its own laws without being held accountable to the State 
to which they belong. 

Railroading, a term applied to the efforts of corrupt mem- 
bers of a Legislative body to force the enactment of question- 
able measures into laws, without giving time for reasonable 
scrutiny and debate. This can only be successfully accom- 
plished when the majority is venal or complaisant. 

Ratio of Representation, the number of people of a State 
who are entitled to elect one member of a Legislative body, as 
the United States House of Representatives. See Apportion- 
ment. 

Real Propertyo Lands, tenements and all fixed improve- 
ments belonging thereto are called real property, or real estate, 
as distinguished from private, or personal, property. The 
latter comprises all things of value of a nature easily portable. 

Rear=Admiral, an officer in the navy of the United States, 
authorized to command a fleet of battleships; in grade he is 
third among naval commanders, being ranked by the offices 
of Admiral and Vice-Admiral. Usually there is no provision 
for Vice-Admiral [q. v.] in the naval establishment, and much 
of the time we have had no officer of the grade of Admiral 
[q. V.]. In such times the Rear-Admiral assumes importance 
as a ranking officer. The rank in the regular army correspond- 
ing to Rear-Admiral is Major-General. There are in the service 
eighteen Rear-Admirals; the salary of the first nine, by senior- 

568 



Rebellion 569 Reconstruction 

ity, is $7,500 on sea duty, and $6,345 on shore duty; the second 
nine receive $5,500 while on sea duty and $4,675 on shore duty. 
At the age of sixty-two years each officer is retired on reduced 
pay, but he is yet subject to call in emergencies. See Com- 
parative Rank in Army and Navy. 

Rebellion. A deliberately organized and strong opposi- 
tion to constituted authority is called a rebellion. It is dis- 
tinguished from insurrection in that the latter, although it is 
armed resistance to authority, is not well organized and its 
efforts toward the end sought are spasmodic. It is only when 
an insurrection becomes strong in equipment and effective in 
operations that the name rebellion can be correctly applied 
to it. See Insurgent; Insurrection. 

Recall. See Initiative, Referendum and Recall. 

Recess. See Adjournment. 

Reciprocity. By reciprocity is meant equality or mutual 
concessions between the people of two nations with respect to 
commercial privileges each country shall enjoy in trade with 
the other. Reciprocal relations are established by treaties, 
which provide that one country shall admit through its ports 
of entry certain commodities from the reciprocating nation, 
free of duty, or under a tariff much reduced, in return for similar 
concessions on other articles which it exports. Each of two 
nations signing such a treaty is benefited, for the agreed com- 
modities are usually necessities of life, and under reciprocity 
they can be placed in the hands of consumers without the 
extra cost which a tariff imposes. 

Reconstruction. At the close of the Civil War the rela- 
tion of tke States of the late Confederacy to the Federal Union 
and the best methods to be adopted to bring them again into 
that Union were grave problems which taxed the best states- 
manship of the nation. There were three prominent views 
advanced relative to the status of these States. The first, 
advocated by the President and his Cabinet, held that the 
secession ordinances had not been passed by the States, as 
States, but by individuals who were hostile to the Government. 
According to this theory, the States were never out of the 



Recorder 570 Redemption 

Union, and whenever hostility ceased and a majority of the 
citizens expressed a willingness to support the Government, 
Representatives and Senators should be welcomed again in 
Congress. The second view held that the Constitution made 
no provision for secession, and therefore there was no known 
legal basis by which to approach the solution of the problem. 
It was declared by these advocates that the States had actually 
severed their connection with the Union, that they should be 
forced to frame new Constitutions and as soon as practicable 
apply for admission to the Union, following the rule applicable 
to a Territory. The third view was the one which finally secured 
the majority of adherents; according to it the States, by passing 
the Ordinance of Secession, placed themselves where they 
were subject to the control of the Government, to be dealt with 
as Congress might decide. 

In the enactment of the reconstruction policy there was 
first appointed a committee of Congress to formulate a plan 
of procedure; second, by the advice of this committee, the 
Bureau of Refugees, Freedmen and Abandoned Lands was 
organized for the purpose of taking over abandoned property 
in each Southern State and apportioning it in small tracts to 
loyal residents and to negroes; third, governments were es- 
tablished in each of the States, supported by the power of the 
Federal arms, where necessary; fourth, each State was invited 
to frame a new Constitution and adopt, with it, the Fourteenth 
and Fifteenth Amendments. Congress was to be the judge of 
the adequacy of each step towards restored fellowship among 
the States. See Admission of States to the Union; Carpet- 
baggers. 

Recorder, another name for Register of Deeds [q. v.], a 
county officer. 

Redemption is the name applied to the means by which 
soiled or badly-worn paper money is returned to the Govern- 
ment, withdrawn from circulation, and destroyed. Any Na- 
tional bank or sub-treasury will receive from citizens bills of 
this description and give unsoiled money in exchange, that 
institution in turn transferring it to the Treasury Department. 



Reed Rules 571 Regent 

If a bill is whole and the printing is distinct enough to admit 
of identification it will be redeemed at its face value; the same 
is true if it is in pieces, provided it is possible to prove to the 
agent of the Government that the fragments are all of the 
same piece of money and fit properly together. Even if every 
signature, written or engraved, be indecipherable, yet the bill 
will be redeemed. 

Reed Rules. The rules under which the United States 
House of Representatives transacts business are to a large ex- 
tent modifications of the rules put in force by Thomas B. Reed 
of Maine, when he was Speaker of the House. The Speaker 
is always chairman of the Committee on Rules, and from this 
point of vantage he is able to dictate the order of procedure 
of the body over which he presides. The rule which brought 
Speaker Reed greatest fame was that compelling members of 
the House to be on record as present who were in the chamber 
when a vote was taken. For many years it had been agreed by 
courtesy that if a member did not wish to put himself on record 
on a roll-call he could, by refusing to answer to his name, be 
declared constructively absent. In such a case if a quorum 
[q. v.] did not answer the call of the roll, the House was power- 
less to proceed with business. The Speaker, determined to 
facilitate the transaction of affairs, caused the Committee 
on Rules to report an order that on a roll-call every member 
of the House within the chamber should be declared present, 
whether he voted or not, and that a quorum could not be 
broken except by actual absence. This rule created an out- 
burst of indignation such as has seldom been witnessed in that 
body; however. Reed was strong enough to enforce it. In 
every Congress since then the Speaker has applied the same 
rule, thus vindicating the good judgment of its author. See 
Parliamentary Law. 

Referendum, See Initiative, Referendum and Recall. 

Regent, a person, male or female, who is lawfully appointed 
to administer a Government for the time being, in place of the 
regularly constituted authority. There is no provision for a 
regency in any department of the Government of the United 



Regiment 572 Registration 

States. Regents are frequently appointed in the constitutional 
monarchies of Europe, in the event of long illness or advancing 
age of a sovereign; almost invariably an appointee is a member 
of the reigning house, usually of the immediate family of the 
ruler, and not infrequently the heir to the throne. 

In the United States a member of the board of governors 
of a State University, elected by the people or appointed by 
the Executive, is a Regent. 

Regiment, a unit in the organization of an army, com- 
manded by a Colonel. In the United States army a regiment 
is composed of one or more battalions of infantry, several 
squadrons of cavalry, and a division of artillery. Two or more 
regiments form a brigade, which is commanded by a Brigadier- 
General. (See the various divisions, in alphabetical order.) 

Registered Bond. See Bond. 

Register of Deeds. In every county there is an officer 
known as the Register of Deeds, or County Recorder, who keeps 
a record, in permanent form, of all deeds, mortgages, village 
and city plats, and all other information of public value re- 
specting every parcel of real estate in the county. The Register 
of Deeds is elected at the same time as other county officers; 
the term is usually two years, and he is eligible to re-election. 
See County Officers. 

Registration. Any election not conducted honestly, in 
which there is an attempt to thwart the will of any voter, or in 
which, by intimidation or "repeating," results are reached 
that do not reflect the sentiment of the majority, is a menace 
to good government. Many laws have been passed to pre- 
serve the purity of the ballot, to the end that there may be an 
honest count of ballots honestly cast. One of the best safe- 
guards is registration laws, now in force in most of the States. 
Under these laws, which vary but slightly in different parts of 
the country, every voter must register his name, address, age, 
nationality, length of residence in State, county and township, 
before his local election board or a board of election commis- 
sioners. When he votes on election day, his name is again 
entered on a register for such future reference as may be neces- 



Repeal 573 Representation in Congress 

sary. Such regulations make it practically impossible for a 
man to vote more than one time at any election, or to vote in 
the name of another person. In some States new registrations 
are required as frequently as once each year. The penalties 
for fraudulent registration are usually severe. See Elections. 

Repeal is the abrogation or annulment of a statute by a 
succeeding Legislative act. This may be accomplished by 
express statement or by reason of provisions in the later act 
which are inconsistent with parts of the former. In about one- 
half of the States the repeal of a repealing act revives the first 
act, without express stipulation to that effect; in the others 
definite legislation is necessary to put in force again the first 
act. Usually in case the provisions of a new law are inconsist- 
ent with only a portion of an old act, only the inconsistent parts 
are repealed by implication, the remainder of the first act con- 
tinuing in full force and effect. 

Repeating. This is a species of fraud, ranked in criminal 
law in some States as a misdemeanor and in others as a felony. 
It consists in voting two or more times, in different precincts, 
at an election. Frequently such acts escape detection, but 
by careful registration systems and the exercise of the right 
to challenge the legality of any vote, repeating has in most cities 
become extremely hazardous. 

Replevin is an action at law to regain possession of property 
alleged to be unlawfully held by another; also it is the judicial 
writ, called a writ of replevin,, by which such proceedings are 
instituted. 

Representation in Congress. The number of members 
who shall compose the Congress of the United States has been 
the subject of much legislation, so far as the House of Repre- 
sentatives is concerned. The Constitution provides that the 
number of Senators shall be two from each State, so that 
matter is entirely beyond Congressional manipulation. Respect- 
ing the number of members of the House, the Constitution 
declares that "The House of Representatives shall be com- 
posed of members chosen every second year by the people of 
the several States * * * " (Article I, Section 2, Clause 1.) 



Representative Democracy 574 Representative Democracy 

The number of members of this body is therefore subject to 
changes arising from increase in population and the addition 
of new States. The makers of the Constitution felt that Con- 
gress itself could always be depended upon to judge impartially 
the needs of the country in this direction, and it has never 
abused this power. 

It was plain that the organizers of the Government expected 
that the population of the country should be the basis of repre- 
sentation, but until the first census should reveal the number 
of inhabitants in the various States an arbitrary ruling was 
necessary. Therefore the Constitution, in Article I, Section 2, 
Clause 3, provided that — 

"The actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within every 
subsequent term of ten years * * * xhe number of Representa- 

tives shall not exceed one for every thirty thousand, but each State shall 
have at least one Representative." 

The first Congress was organized on the basis of the 
Constitutional apportionment, as contained in the latter part 
of the clause above quoted; but in 1790, upon completion of the 
first census, a bill was passed providing that the number of 
Representatives should be 120; in 1792 a new bill provided a 
membership of only 105, which gave a ratio of one member to 
33,000 population. The plan in vogue then, and until 1850, 
was to determine first the basis of representation and from that 
the number of Representatives. .In the above year the method 
was reversed, the number of Representatives being first agreed 
upon. To find the ratio since then is simply the problem of 
dividing the population of the country by the total membership 
already determined. To find the number of members to which 
a State is entitled, the population of the State is divided by the 
ratio of representation. See Apportionment; House of Rep- 
resentatives. 

Representative Democracy, a country governed by the 
people, who delegate power or control to representatives selected 
by them; another term for democratic republic or republic. 
See Democracy. 



Representative in Congress 575 Republic 

Representative in Congress. See House of Representa- 
tives. 

ReprievCo A reprieve is the temporary withdrawal of a 
sentence, whereby the execution of it is suspended. It is an 
Executive function, exercised by the Governor of a State or 
the President of the United States when in his opinion the cir- 
cumstances warrant a delay in carrying out the decrees of the 
law; as, for instance, when a man condemned to death appeals 
for a stay of execution until certain new evidence in his favor 
may be investigated with the view to reopening the case and 
proving him innocent of the crime. A reprieve differs from a 
pardon in that the latter absolves the convicted person and 
restores him to the full enjoyment of his liberty. Reprieves 
when granted are usually for periods of from ten to thirty days, 
but may be renewed for longer periods when circumstances 
warrant such action. See Pardon; Commutation op Sen- 
tence. 

Reprisal is the forcible seizure from an enemy of anything 
valuable, taken as indemnification or by way of retaliation for 
damage wrought by him. See Marque and Reprisal, Let- 
ters OF. 

General Reprisal is the seizure by Government authority 
of the citizens and the property of a hostile nation, wherever 
they may be found. 

Special Reprisal is the seizure of property by privateers 
[q. v.] under letters of marque, for redress of injuries. 

Republic. A republic is that form of government in which 
the sovereign power rests in the whole body of citizens ; control 
is exercised through persons elected by the people for that 
purpose, but the authority of no oflEicer may extend beyond 
limits imposed by the citizen body. A republic is a near ap- 
proach to a pure democracy [q. v.]. In the latter all the people 
meet in one place to make their laws, every citizen having the 
right to participate; but such a Government can be conducted 
only within comparatively small territorial limits. If the 
country is so large and the population so great that one common 
meeting place in which all may assemble is not possible, the best 



Republican Elephant 576 Republican Party 

substitute is for the people of different sections, in due form 
and order, to delegate one or more of their number to represent 
them in the law-making function. When to this plan is added 
the popular selection of citizen officers to execute these laws, 
there is established a republic. Another name for republic is 
representative democracy, which practically suggests its own 
definition. See reference to Forms of Government. 

Republican Elephant, a pictorial representation made 
by popular acceptance the symbol of the Republican party 
in the politics of the nation. Thomas Nast, a famous cartoonist 
on Harper's Weekly, made first use of the elephant in this 
connection and all cartoonists have followed his lead. See 
Democratic Donkey. 

Republican Party. The name Republican has been applied 
to a political organization since the early days of the United 
States. It was first selected by Thomas Jefferson as a better 
name than Anti-Federalist with which to oppose the Federalist 
party of that day. The name was doubtless suggested to Jeffer- 
son through his ardent friendship for the French Revolutionists 
and their republican principles. It was later changed to Demo- 
cratic-Republican, and the party bearing it continued with the 
double name until 1829, when the latter word was dropped; 
as the Democratic party it has since been known. 

The modern application of the word Republican dates 
from 1856, when a new Republican party was called into ex- 
istence to resist the encroachments of slavery into free territory. 
Its leaders at first did not advocate the suppression of slavery, 
but the Civil War, which followed close upon the success of the 
party at the election of 1860, made the liberation of slaves a 
political necessity. The party, under the leadership of Abra- 
ham Lincoln, met the expectations of the majority of the people 
and strongly intrenched itself in power. The constructive 
legislation following the war is to the credit of the Republicans, 
although marred by occasional serious errors. As the issues 
changed, the principles of all parties changed, and the Re- 
publican party soon championed the principle of protective 
tariff as a leading issue. After enjoying supremacy in govern- 



Requisition 577 Requisition 

merit from 1861 to 1885 the Democrats came back to power 
on the question of tariff reform and held the Presidency and a 
working majority in Congress for eight years out of the next 
twelve, when, in 1897, the Republicans again gained control, 
the main principle for which they fought being a stable currency 
system (see Single Standard; Gold Standard Act). In 
1900 the Democratic party attempted to regain power by 
denouncing "Imperialism" [q. v.] and the so-called ''Trusts," 
but met defeat, and in 1904 the Republican nominees won the 
national election by very large popular majorities. See 
Political Parties in the United States. 

Requisition. The Constitution of the United States 
(Article IV, Section 2, Clause 2) provides that — 

A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall, on de- 
mand of the Executive authority of the State from which he fled, be de- 
livered up to be removed to the State having jurisdiction of the crime. 

This process of returning an alleged criminal to the State 
where his crime was committed is called requisition. The 
manner in which the writ is issued and returned is as follows: 
On demand of the Executive authority of the State, and the 
production of a copy of the indictment found, or an affidavit 
made before a magistrate charging the person sought with 
treason, felony or other crime, then the Governor of the State 
or Territory to which the suspected person shall have fled 
may cause the suspect to be arrested and held; notice of the 
arrest shall be given to the Executive authority making the 
demand, or to the agent of such authority (usually a Sheriff 
or his deputy) appointed to receive the fugitive. 

The prisoner is thus delivered into the proper hands for 
return for trial to the scene of his crimes. 

It is within the authority of the Governor of the State 
from which the suspected person fled to refuse to issue requisi- 
tion papers, if he is strongly of the opinion that the interests 
of society do not demand the fugitive's return, or if his return 
is sought to promote political ends. Likewise, the Governor on 
whom demand is made may refuse to deliver the person, for 



Resident 578 Resignation 

like reasons. The instances are rare when a demand of this 
nature is refused. See Extradition. 

Resident, one who resides in a certain place. He may not 
be a citizen, this being determined by length of residence or by 
compliance with naturalization laws. 

Resignation is the act of resigning, giving up, or refusing a 
claim, possession or position; it is also the formal document 
which makes public such act. Any officer of the United States 
Government or of any State or municipality may resign the 
position which he holds by virtue of election or appointment. 

It is practically certain that no President of the United 
States will ever retire voluntarily from his office before the 
expiration of his term. So vast are his obligations and so great 
his responsibilities that it would be a breach of trust not readily 
condoned should be announce his withdrawal; yet it would be 
permissible. The Constitution makes no mention of the manner 
in which such an act should be consummated, but provides for 
the emergency by declaring the succession of the Vice-President 
in case of death, resignation, or inability to discharge the 
powers and duties of said office. To whom the resignation 
should be addressed would be left to the discretion of the retiring 
Executive; it might be in a proclamation to the people, or in a 
letter to the Vice-President, or in an announcement addressed 
to Congress, a co-ordinate branch of the Government. Auto- 
matically the Vice-President would become Chief Executive 
upon taking the oath of office. 

A member of the Cabinet would address his resignation to 
the President, from whom came his appointment; all other 
people holding office by Presidential appointment would take 
like action. A Senator or Representative in Congress would 
address his announcement to the Governor of his State; while 
Congressmen are in a larger sense United States officials, yet 
their authority to serve is derived from their States. 

A Governor of a State holds his position quite in the same 
way that the President does in his larger field; he would be 
succeeded by the Lieutenant-Governor. Any other State 
officer or any County officer would address his resignation to 



Resolution 579 Retired List 

the Governor. The Mayor of a city would announce his resigna- 
tion to the board of aldermen; subordinate city officers would 
address their announcements of withdrawal to the Mayor. 
See Vacancies. 

Resolution. A resolution, as applied to a Legislative 
body, is a formal statement, expression or determination 
proposed for approval, by vote. When passed, it has all the 
binding force of law, but generally relates to matters below the 
range of legislation which is intended to be statutory. A 
resolution may fix the date of adjournment, may call for official 
documents in the hands of the President, may even propose the 
admission of new States, or propose an amendment to the 
Constitution. 

Clause 3, Article I, Section 7, of the Constitution, says 
that "Every order, resolution or vote, to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to 
the President of the United States; and before the same shall 

take effect, shall be approved by him " This 

check upon Congress makes impossible the passage of laws 
under the name of resolutions without the constitutional 
approval of the President. Of course, any resolution relating 
to the proceedings of either House, not affecting the other, 
needs no approval, neither is it brought to the attention of the 
other House. 

A joint resolution is one needing the affirmative vote 
of both Houses and Executive approval to render it effective. 

A concurrent resolution is one affecting the operation 
of the two Houses alone; it does not require the signature of 
the President. 

Retired List. In the army and navy of the United States 
all officers are relieved from active duty by operation of law 
at the age of sixty-two years; thereafter they may enjoy 
well-earned rest during the remainder of their lives, except 
that they must hold themselves in readiness to respond to the 
call of the Department for service in a time of public danger. 
When a man's name goes on the retired list he does not sever 



Returns of Elections 580 Revenue 

his connection with the Department; he is an officer of the 
Government until his death, and receives in his retirement 
seventy-five per cent of the salary paid while on active duty. 

Returns of Elections. See Elections. 

Revenue is the current income of a Government, from 
whatever sources derived, which is subject to appropriation for 
public uses. Money to meet the expenses of the various depart- 
ments of the United States Government must be raised to the 
amount of over a billion dollars by every Congress; it may be 
secured through taxation, direct and indirect. Direct taxation 
has never been resorted to, and the day when this method must 
be necessary will doubtless never come. Taxes levied indirectly, 
in the form of internal revenue and customs duties, supply all 
our present need, and the opportunity for expansion of revenue 
and tariff lists to meet unusual requirements is practically 
limitless. Today every man who uses tobacco or liquor con- 
tributes to Government support, because on those products 
internal revenue is collected; the makers of imitation butter 
pay a tax and add it to the selling price of their goods. On 
matches, playing cards and other like articles, revenue was 
collected for many years, and in any emergency these may 
again contribute to Government needs. During the Spanish- 
American War legal papers and checks upon banks were taxed 
and much revenue was derived therefrom. The above are 
examples of domestic taxes, or internal revenue. 

A favorite method of supplying the Government with 
money is to levy customs duties upon imports from foreign 
countries. Every country among the enlightened nations raises 
a portion of its revenue in this manner, even including the so- 
called free trade countries. No other method is so satisfactory 
to the people, as a whole, because much of the burden of tariff 
schedules falls upon those who can well afford to pay them. 
If placed upon necessities the rate is usually so low as not 
to prove burdensome. The cost of maintenance of our insti- 
tutions is thus well distributed among all classes. For the 
various phases of the subject, see Free Trade; Internal 
Revenue; Protective Tariff; Tariff. 



Revenue Cutter 



581 



Rhode Island 



Revenue Cutter, an armed Government vessel, formerly 
a sailing ship of the cutter-yacht type, but now a fast sailing 
steamship. It is used in the customs service of the country, 
to aid in the enforcement of our tariff laws and customhouse 
regulations; it also enforces navigation laws and affords assist- 
ance to vessels in distress. Revenue cutters are under the 
jurisdiction of the Treasury Department, in whose hands is 
the administration of all revenue laws. 

The revenue cutter service was organized in 1790; there 
are now nearly forty vessels of this class. There is at Baltimore 
a Government school of instruction for officers intending to 
enter the service. See Revenue. 

Review, Board of. See Board of REVIEW^ 

Rhode Island. The first settlement in this State was made 
in 1636 by Roger Williams, who fled from religious opposition 
in Massachusetts. Two years later he persuaded the followers 
of Anne Hutchinson to join him in establishing a community 
based upon equality, freedom of belief 
and separation of Church and State. By 
1647 the settlements were numerous 
enough to demand a government, and a 
charter was obtained in 1651. The sec- 
ond charter was obtained in 1663, and 
was in force 150 years. However, with 
rapid growth and new conditions this 
charter became obsolete and a change 
was demanded by many. This was resisted successfully by 
the majority of the people until 1840, when a Constitutional 
Convention was held. Two years later a modern Constitution 
was adopted. 

Government. The Constitution may be amended by the 
majority of all the members chosen to each House of the Legis- 
lature. A proposed amendment must be published and read 
in the town meetings prior to election of members of the Legis- 
lature, it must be voted upon the second time in each House, 
and approved by three-fifths' majority of the voters at a 
popular election. Male citizens of the United States may 




STATE SEAL OF RHODE 
ISLAND. 



Rich Man's Dollar 582 Rider 

vote, provided they have been in the State two years, and in 
the town or city six months. The Legislature consists of a 
Senate of 38 members and a House of Representatives of 72 
members, all elected annually. Regular sessions convene 
every January, and are limited in length to sixty days; members 
receive $5 . 00 per day while in actual attendance. The officers 
of the State are the Governor, Lieutenant-Governor, Secretary 
of State, Attorney-General and Treasurer, all elected annually. 
At the head of the Judicial Department there is a Supreme 
Court of five Judges, elected by the Legislature, and they 
hold office during good behavior. Below this is a Superior 
Court, holding sessions in each county, and District Courts, 
each with one Judge. All Judges are elected by the General 
Assembly. 

Rich Man's Dollar. The gold dollar, under the single 
standard system of coinage of the United States, has been 
called by the advocates of silver coinage the "rich man's dollar." 
The assumption is that gold, being the more precious metal, is 
more difficult to obtain, and therefore the rich man, with his 
greater resources, possesses advantages not enjoyed by his 
poorer neighbor. The argument is unsound, as the effects 
of our coinage laws attest. The advocates of a silver standard 
argue that if the Government were to institute free coinage 
of silver, money would necessarily be more plentiful, owing 
to the great quantities of silver always available. This is not 
true, but even if it were, no man can honestly possess money 
he has not earned, no matter how much of it there may be in 
circulation; "cheap" money has been the cause of much 
National financial distress. At almost regular intervals the 
currency question becomes a political issue. 

Rider. A rider is a provision added to a bill proposed for 
passage in a Legislative . assembly, having no relation to the 
bill itself, but attached in order to insure its passage. Standing 
alone on its merits, it would possibly fail for lack of support, 
but circumstances often conspire to push it through because of 
the popularity or necessity of the measure to which it is at- 
tached. 



Right of Assembly 583 Right of Assembly 

A minority of the members of a Legislature or of Congress 
may desire tlie passage of an act which is opposed by the 
majority. In turn, another measure may be able to command 
about as many votes as are necessary, but its success may be 
in doubt. The minority may agree to vote for the second 
measure provided its favored bill is added as a rider. Some- 
times an appropriation bill will be stubbornly fought because 
of certain objectionable items, but it is absolutely essential 
that appropriation bills shall pass. To bring needed support 
to such a bill the objecting members may be allowed to attach 
riders, or the dissenters may force riders upon it by means 
of amendments. Executives frequently exercise their veto 
power upon acts thus passed, and take occasion to express their 
opinion of legislation attempted by such questionable methods. 

Many States prohibit such practices by declaring in their 
Constitutions that only one subject shall be included in any 
bill, and that its object shall be plainly stated in its title. 

Right of Assembly. The privilege of meeting in public 
and protesting against Government wrongs or formally petition- 
ing for relief from oppressive measures is one of the inalienable 
rights of a free people; there must be no Legislative act which 
can deprive them of it. The Constitution as accepted by its 
makers did not positively guarantee the right of assembly, and 
so great was the demand for an expressly stipulated safeguard 
that the first Amendment to be adopted incorporated this 
"American Bill of Rights," in these words: 

"Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assemble, 
and to petition the Government for a redress of grievances." 

It should be understood that the free right to assemble 
does not include the privilege of assembling to commit violence, 
to overthrow government or to resist execution of the law, 
whether that law be beneficial or otherwise. The meetings of 
anarchists in Haymarket Square, Chicago, in 1886, which led 
to the riot in which many were killed before order was restored, 
is an example of assembly dangerous to public peace. On the 



Right of Petition 584 Right of Search 

other hand, poHtical meetings during a Presidential campaign, 
where the avowed purpose is the defeat of the party in power, 
serve a good purpose, in making National issues clearer to the 
people, even though speakers often overstep the bounds of 
truth. The efforts of a strong opposition party serve to restrain 
the managers of public affairs from committing unwise acts, 
Executive or Legislative. See Sedition; Riot. 

Right of Petition. The right of petition is one of the 
fundamental principles of the government of every free people. 
In England it has been recognized since the Revolution of 1688, 
although at times the ruling House has disregarded all rights 
interfering with royal prerogative, to the extent that it dared. 
Instances in point occurred during the trying days preceding 
the Revolutionary War, when the American colonies sought by 
petition to secure recognition which was theirs by right as loyal 
subjects of a constitutional Government. The lesson taught 
by England in that crisis was not forgotten by the former 
colonists when the new American nation was established. No 
specific "bill of rights" was included in their new Constitution, 
but the First Congress proposed ten Amendments which dis- 
pelled all fear that oppression could ever prevail over justice. 

No formal method of presenting petitions to any authority 
has ever been provided; it is within the discretion of the Chief 
Executive or Legislature or Congress to decide each for itself 
in what manner it shall receive them. Only once in our history 
has Congress refused to receive properly authenticated peti- 
tions. This was in 1840, when on both sides of the slavery 
question scores of petitions were presented to Congress through 
Northern and Southern members, in behalf of their constitu- 
ents. So much time was consumed in giving them respectful 
consideration that it was finally determined, inasmuch as no 
new information was forthcoming and Congress knew then the 
exact feeling on the subject in every State, to refuse further 
appeals from either faction. 

Right of Search. In international law it is conceded 
that in time of war a war vessel of one of the contending nations 
has the right to stop a trading vessel on the high seas and 



Ring 585 Riot 

examine its cargo and ship's papers, to determine whether it 
contains material designed for the enemy. If found violating 
the laws of nations governing such matters, both ship and cargo 
may be confiscated. See Contraband. 

In civil life, the right to search private apartments for 
pioperty unlawfully held is recognized by the laws of every 
State. Such an investigation must be conducted by formal 
authority issuing from a magistrate. See Search Warrant. 

Ring. A group of politicians who are banded together 
for their mutual advantage and who seek profit and power 
for themselves at the expense of the public, is called a political 
ring. Samuel J. Tilden once aptly defined it as follows: 
" * * * a corrupt arrangement which encircles enough 
influential men in the organization of each party to control 
the action of both party machines; men who in public push 
to extremes the abstract ideas of their respective parties, while 
they secretly join hands in schemes for personal advantage.". 

River and Harbor Bills are Congressional measures for the 
improvement of harbors and navigable rivers throughout the 
United States. The expense of such enterprises is borne by 
the general Government, on the theory that the whole nation 
is benefited by whatever increases the means of transportation 
and facilitates interstate and foreign commerce. Formerly 
appropriations for rivers and harbors were passed by every 
Congress under the heading of River and Harbor bills, but 
since 1875 they have been included in the regular biennial 
Appropriation bills. Many millions of dollars are spent upon 
these items. See Internal Improvements. 

Riot. A disturbance of the public peace by three or 
more persons who are assembled for some questionable purpose, 
and who are determined to carry out their plans by resort to 
violence, if necessary, constitutes a riot. In some States it is 
necessary to prove the actual accomplishment of an illegal 
object before legal action can be taken against participants; 
in others an attempt by force and violence, with sufficient 
strength to secure immediate action, is alone necessary, even if 
no definite results follow the demonstration. The acts must 



Robbery 586 Rotation in Office 

in every instance, if the charge of rioting is to be sustained, 
be such. as to terrify the people; the common design of the mob 
must be apparent from the conduct of its members. A noisy, 
good-natured demonstration in front of the domicile of a newly- 
married couple could not be called a riot; however, if it 
shoilld terminate in an ill-tempered affray, in which there was 
serious fighting and the original object was forgotten in the new 
situation suddenly developed, there would then be present 
all the elements of a riot. Rioting is severely punished in all 
States, the penalties varying according to the seriousness of 
the offense. 

Robbery is the unlawful taking of personal property from 
its possessor, against his will, accomplished either by force or 
violence or through fear of injury. The degree of force is not 
considered, it being sufficient to establish the fact that by one 
or more of the means noted the act was accomplished. The 
laws of most of the States recognize three degrees of robbery; 
these are classified according to the amount of violence, upon 
the fact as to the assailant being armed with a deadly or 
dangerous weapon, and whether he had the aid of accomplices. 
Robbery is a felony [q. v.], punishable by long term of imprison- 
ment, twenty or twenty-five years being the usual maximum 
penalty. 

Roorback. In politics a fictitious story circulated a few 
hours before an election with the hope of influencing votes is 
called a roorback. The name was derived from the publication 
in the campaign of 1844 of a pamphlet entitled "The Tour of 
Baron Roorback through the Central and Southern States." 

Rotation in Office. The policy of permitting every in- 
coming President to discharge Government employes and 
appoint successors from his own party ranks came to be recog- 
nized as "rotation in office." The practice was justified upon 
the theory that "to the victors belong the spoils of office." 
Today such a theory of government is no longer tolerated. 
Faithful employes are protected in their positions by the oper- 
ation of civil service laws, impartially administered by the 
National Civil Service Commission, whose members make and 



Rules of Congress 587 Rules of Congress 

control all minor appointments and pass upon charges preferred 
against employes. See Civil Service; Civil Service Reform. 
Rules of Congress. Each House of Congress makes all rules 
governing its procedure; the Committee on Rules is all powerful 
in determining what these regulations shall be. In the House of 
Representatives the Speaker appoints all committees and by 
the practice of many years he is chairman of the House Commit- 
tee on Rules; he therefore is the most powerful man in Con- 
gress in shaping legislation. In the Senate the presiding officer, 
the Vice-President, takes no part in legislation, except to vote 
in case of a tie. The committees of the Senate are appointed 
by the Senators themselves through a special committee named 
for the purpose. See Committees of Congress. 



Safe=Conduct, one form of passport, used, however, within 
the country of issue. It entitles the holder to protection of 
person and property during war operations. A person cannot 
pass freely through the lines of an army or beyond the zone of 
operations of a siege unless provided with a safe-conduct from 
military authorities. See Passport. 

Salary Grab. In 1873 a law was passed by Congress by 
which the salaries of many officers of the Government were 
raised. It provided that the President should receive $50,000 
per year, instead of $25,000, as had been the case since the found- 
ation of the republic; that the Vice-President should receive 
$10,000, and that the increase should benefit, also, the members 
of the Cabinet, Justices of the Supreme Court and members of 
the Senate and House of Representatives. The proposed 
changes would have met with but little objection had Senators 
and Representatives, who, of course, were responsible for the 
passage of the law, not voted that their own increase, from 
$5,000 to $7,500 per year, should date back to the beginning 
of the Congress then about to expire — a period of two years. 
By this means they proposed to present themselves with 
$5,000 each beyond the compensation to which they were 
morally entitled. It was this provision which gave to the 
entire bill the name of "Salary Grab Act." Public indignation 
was so intense that the law was repealed, except such parts as 
referred to the President and to the Justices of the Supreme 
Court. 

Salt River, a mythical stream with political significance, 
existing in the playful imaginations of Americans. Defeated 
politicians after an election are said by their successful op- 
ponents and by the partisans of the victorious ticket to have 
"gone up Salt River," meaning that they were headed towards 
oblivion. The phrase is said to have been derived from a 
certain Salt River in Kentucky; it is a small stream, exceedingly 
difficult to navigate, and quite unattractive to the voyager. 

688 "*'* 



Salutes 589 Salutes 

Salutes. The word salute is from the Latin salutatio, 
"wishing health." Every Government employs artillery salutes 
fired with blank cartridges, in honor of persons, in celebration 
of events of National significance, and when it is desired to 
show respect for the flag of a country. Governmental regula- 
tions determine the number of guns that shall constitute special 
salutes; the rapidity with which the pieces are discharged 
depends upon their caliber, varying usually from five to ten 
seconds. 

In the United States salutes are never fired before sunrise 
or after sunset, and never on Sunday. During a salute, the 
National flag must always be displayed. The National salute 
is one gun for each State of the Union, and is fired at noon, 
July 4th, the anniversary of American independence, at each 
military post or camp provided with artillery. The interna- 
tional salute, or the salute to the flag of a friendly nation, is 
twenty-one guns. It is the custom of foreign ships of war, when 
entering a harbor or passing in the vicinity of a fort, to hoist at 
the fore the flag of the country in whose waters they are sailing 
and salute it; on the completion of this salute to the flag, the 
international salute of twenty-one guns is fired by the home 
guns in return as soon as possible; the time intervening never 
exceeds twenty-four hours. Military and naval regulations 
provide special personal salutes, as follows: 

To the President of the United States [given on both arrival at and 
departure from a mihtary post, or when passing the vicinity. 

No other personal salute is fired in his presence] 21 guns 

To the Vice-President of the United States and the President of 

the Senate 19 guns 

To the Members of the Cabinet, Chief Justice of the U. S., Speaker 
of the House of Representatives, Governors (within their re- 
spective States or Territories) 17 guns 

To a Committee of Congress, officially visiting a military post or 

station , 17 guns 

To a General-in-Chief, Field Marshal or Admiral 17 gims 

To a Lieut. -General or Vice-Admiral 15 guns 

To a Major-General or Rear- Admiral 13 guns 

To a Brigadier-General or Commodore 11 guns 

To the Sovereign or Chief Magistrate of any Foreign Country .... 21 guns 



Scotch Verdict 590 Scratched Ticket 

To Members of the Royal Family; namely, the Heir Apparent and 

Consort of the reigning sovereign of a Foreign Country 21 guns 

To the Viceroy, Governor-General or Governors of Provinces be- 
longing to foreign States 17 guns 

To Ambassadors-Extraordinary and Plenipotentiary 17 guns 

To Envoys-Extraordinary and Ministers-Plenipotentiary 15 guns 

To Ministers Resident, accredited to the United States 13 guns 

To Charges d' Affaires, or subordinate diplomatic agents left in 

charge of missions in the United States 11 guns 

To Consuls-General, accredited to the United States 9 guns 

Why Twenty-One Guns are Fired. The Presidential 
salute of twenty-one guns was adopted that uniformity in 
National salutes might be maintained, this being the number of 
guns for the royal salute of Great Britain. The reason why 
the number twenty-one should have been selected by the Eng- 
lish Government has been the source of much inquiry. Of 
many surmises, the most probable are, first, that twenty-one 
represents the number of years at which one reaches his major- 
ity; second, that seven (the Biblical seven representing com- 
pletion) was the original number, and that three times seven 
would signify seven for each of the divisions, England and 
Wales, Scotland, and Ireland. One English investigator in- 
sisted that the United States adopted this salute to inform the 
mother country that her child had reached his majority, and 
was prepared by law to inherit the land; to this end the authori- 
ties fired the "gun of 1776," the figures of which year, 1-f 7-|-7 
-\-Q, equal twenty-one. 

Scotch Verdict. Juries in Scotland may legally agree 
upon the verdict, "Not proven," when they are unable definitely 
to declare the accused person either innocent or guilty. This 
form is known as the "Scotch verdict" throughout the world; 
it has the same legal effect as a verdict of "Not guilty," and is a 
bar to a second trial of the defendant on the same charge. 
This form of verdict is not legal in the United States. 

Scratched Ticket. If a voter casts a ballot for the nominees 
of his party exactly as printed on the ballot, he is said to vote 
a "straight" ticket. If he chooses to reject certain names and 
vote for men of another party whom he considers more worthy 



Seal 



591 



Seal of the Confederacy 



for the office, he is said to "scratch" his ticket. Straight voting 
is a mark of so-called "party regularity"; a "scratched," or 
"split," ticket, on the other hand, indicates generally an 
endeavor to exercise faithfully the important elective franchise. 
Party regularity is earnestly desired by the practical politician, 
for his schemes are surer to succeed under such balloting, 
while independence in voting is constantly raising the grade 
of our public officers. See Independents. 

Seal. A seal is any distinguishing mark or impression upon 
paper or some substance such as wax, bearing special mark, 
device or words, and in such form as makes it attachable to a 
document for purposes of authentication, or to serve as a 
signature. The practice of attaching seals to documents 
comes down to us from the days of Greece and Rome. The 
early popes authenticated their announcements with leaden 
seals, called bullae, from which we get the Pope's bull of this day. 

All modern nations have Great Seals which appear on all 
diplomatic and other State papers; in the United States the 
Great Seal is in custody of the Secretary of State, by whose 
authority it is impressed upon Executive papers. The States 
of the Union have seals, although their use in some of them is 
not obligatory; the substitution permitted under such cases 
is a pen-and-ink scroll with the letters L. S. {Jiocus sigilli, the 
place of the seal). See the vari- 
ous States, in alphabetical order. 

Sea=Letter, another name for 
passport. Originally, however, in 
the United States, a sea-letter was 
a certificate showing the American 
character of an American-owned, 
but unregistered, vessel. See Pass- 
port. 

Seal of the Confederacy. The 
design for the Great Seal of the 
Confederate States of America was adopted April 30, 1863, 
by the Confederate Congress. It consisted of "a device bearing 
an equestrian portrait of Washington (after the statue which 




GREAT SEAL OF THE CONFEDERATE 
STATES. ONE-HALF ACTUAL SIZE. 



Seal of the United States 592 Search Warrant 

surmounts his monument in the Capitol square at Richmond), 
surrounded with a wreath composed of the principal agricul- 
tural products of the Confederacy (cotton, tobacco, sugar cane, 
corn, wheat and rice), and having around its margin the 
words, 'The Confederate States of America, twenty-second 
February, eighteen hundred and sixty-two,' with the following 
motto: 'Deo Vindice'." The seal was made in England at a 
cost of $600. It reached Richmond in April, 1865, but was 
never used, and now is a relic preserved in the office of the 
Secretary of State of South Carolina. 

Seal of the United States. See Great Seal of the United 
States. 

Sea Power, a term which designates those elements of 
National strength which are derived from the free use of the 
sea, or those elements which in themselves procure and assure 
such use. It means, as generally understood, naval develop- 
ment, although it has a somewhat broader significance to the 
naval man. Ships alone, regardless of their superior construc- 
tion and equipment, are not always the best evidence of great 
sea power. 

In comparative strength of navies, the United States ranks 
second in the number of warships, being surpassed only by 
Great Britain. Germany is third, France fourth, and Japan 
fifth, with Russia and Italy following. 

Search Warrant. That "a man's house is his castle" is 
recognized by every Government which respects the rights 
of its people. The Scotchman said, respecting his modest home, 
that the rain might find entrance, the winds might force their 
way into it unbidden, but without the owner's pleasure the King 
of England might not enter. This typifies the sacredness 
of the home from intrusion. However, for the good of society, 
conservators of the peace must have the right to enter any 
home, on sufficient pretext. If it is believed that private 
apartments hold property belonging to persons from whom it 
was wrongfully obtained, officers may search the premises, but 
only by authority of a magistrate who issues a search warrant. 
This warrant specifies in detail the object of the investigation. 



Seat of Government 593 Secession 

If the servers of the writ exceed the authority granted them in 
the document they are personally liable to punishment. See 
Right of Search. * 

Seat of Government. See Capitals of the United 
States. 

Secession is the act of withdrawing from fellowship; in 
our civil government it refers to the withdrawal of a State 
from the Federal Union. The doctrine of secession doubtless 
was a development of the original idea of National organization 
following the Declaration of Independence. In the new 
Government, under the Articles of Confederation, the States 
could exercise complete independence of each other in any 
current matter, even going to the extreme of withdrawal from 
the compact of union. In the Constitutional Convention it was 
not a matter of surprise to find a powerful faction in favor of 
State sovereignty, determined to make individual freedom 
of State action a fundamental principle of the new republic. 
The idea was defeated there, but came sharply before the 
country again in the Kentucky and Virginia Resolutions. The 
New England States claimed the right to secede during the War 
of 1812, but a crisis was happily averted. With the division 
of the North and South on the question of slavery, the privilege 
of a State to retire from the Union was challenged by the North 
when eleven States formally announced their withdrawal and 
organized a new Government. Success to the Southern arms 
in the Civil War would have established the principle of seces- 
sion, so far as it applied to the members of the Southern Con- 
federacy; the means they employed to form that union could 
be invoked by any one of them at any time to dissolve it. 
However, even in such event, the North, a unit for Federal 
indivisibility, would not have admitted the constitutionality 
of such a doctrine, although obliged to part with eleven States 
through a test of strength. 

The final result of the struggle settled the question for all 
time — "the Union, now and forever ****** t " 
See Kentucky Resolutions; State Sovereignty; Nulli- 
fication. 



Secretary of Legation 594 Sedition 

Secretary of Legation. Every foreign embassy includes 
in its personnel a clerk, or secretary, who has oversight of all 
routine matters. The office of Secretary of Legation is im- 
portant, for in the absence, or in the event of the death, of the 
Ambassador or Minister, the Secretary temporarily assumes 
the responsibilities of his chief. In all important embassies the 
Secretary has one or more assistants. See Diplomatic Service. 

Secret Service. The department of the Federal Govern- 
ment which attempts to unearth fraud and crime against the 
laws of the nation is called the Secret Service. It is a splendidly 
organized detective agency, with the limitless resources of the 
Government behind it. The Secret Service is a bureau in the 
Treasury Department, probably owing to the fact that it 
was first organized (in 1860) to capture counterfeiters of our 
gold and silver coin. During the Civil War it rendered invalu- 
able service in every field which demanded accurate informa- 
tion and quickness in the dispatch of secret intelligence. 

The operations of the Secret Service are under the direction 
of a Chief, who is given a first assistant and an ample clerical 
force. The country is divided into twenty-eight districts; 
at the head of each, in the most important city, is the "operative 
in charge." It is deemed proper to withhold from the public 
all information relative to the number of operatives in the 
field, their names and stations, etc. While the special work of 
the Service is the detection and punishment of counterfeiters, 
it is called upon for many other duties which are important to 
the Government. During the Spanish-American War its agents 
arrested many Spanish agents who were gathering facts here 
.for use against us. Any Department at Washington may make 
requisition for operatives at any time. There is a regular detail 
whose duty is the protection of the President and high officials 
of foreign countries who are in Washington on official business. 

Sedition. Words or actions which incite the hearer to 
rebellion against the authority of the State, or which bring 
into contempt the Constitution or Government, constitute 
sedition, if the incitement is not followed by the overt act of 
treason. Laws of Congress passed many years ago clearly 



Seigniorage 595 Senate of the United States 

define and provide for the punishment of sedition, in the 
following language: 

"If two or more persons in any State or Territory conspire to over- 
throw, put down, or destroy by force, the Government of the United 
States, or levy war against them, or oppose by force the authority thereof; 
or by force to prevent, hinder, or delay the execution of any law of the 
United States; or by force to seize, take, or possess any property of the 
United States, contrary to the authority thereof; each of them shall be 
punished by a fine of not less than five hundred dollars and not more than 
five thousand dollars, or by imprisonment with or without hard labor, for 
a period of not less than six months nor more than six years, or by both 
such fine and such imprisonment." 

Seditious language may lead to acts of treason if it inflame 
passions to the point of offering aid or comfort to the enemies 
of one's country. See Treason. 

Seigniorage. The profit made by the Government from 
the coinage of gold and silver into legal tender is called seignior- 
age. It represents the difference between the cost of the bullion 
purchased for coinage and the face value of the same after it is 
coined. 

Under present laws any man may take gold bullion to the 
mint and have it coined into money, receiving dollar's worth for 
dollar's worth, except that a small charge is made for the ex- 
pense of coining. This deduction is called seigniorage. See 
Coinage, United States. 

Senate of the United States. In the Constitutional Conven- 
tion it was decided without a great deal of debate that the 
Congress, or law-making department of the new Government, 
should be composed of two bodies. These were named the Sen- 
ate and the House of Representatives. The latter, the most 
numerous branch, was to be chosen by the people by popular 
vote. How to select the members of the Senate, and what 
should be the length of their terms of service, were much dis- 
cussed questions. Almost every possible method of selection 
was suggested : (1) By direct vote of the people, as in the House 
of Representatives; (2) by election by State Legislatures; 
(3) by election by the House of Representatives; (4) by election 
by the House of Representatives from a selected list of names 



Senate of the United States 596 Senate of the United States 

proposed by State Legislatures; (5) by appointment by the 
President from a list of names proposed by State Legislatures. 
Choice by election at the hands of State Legislatures was 
accepted as a middle ground upon which all could agree. There 
was little difference of opinion upon the right of the Legislatures 
to influence the election, for the Senators were to represent the 
States, as units, rather than the people as individuals. In the 
House of Representatives were to be found the people's direct 
and individual representation. 

The length of the term of Senators was a matter of varied 
opinion. Some members of the Convention, possibly with an 
eye upon Senatorships for themselves, favored terms for life, 
or during good behavior; others preferred eight-, six-, or four- 
year terms. A reasonable middle position again won — six 
years, the life of three Congresses. 

Manner of Election. When it is necessary to elect a Sen- 
ator in any State, the Legislature by joint resolution [q. v.] 
may fix a time upon which to begin balloting; however, the 
State Constitution may prescribe the day of the Legislative 
session on which the first ballot must be taken. On a date 
previous to balloting the members of each political party 
represented in the Legislature meet in caucus and nominate a 
man who shall receive their votes for Senator (see King Cau- 
cus) . When the first ballot is taken each House sits separately 
and casts its vote. On the next day at noon the House and 
Senate meet together and the result of the votes in the two 
Houses on the day before is announced. If one person has 
received a majority of all the votes cast he is declared to be the 
Senator-elect; if no election has occurred another vote is at 
once taken, the two Houses sitting together, and at least one 
joint ballot each legislative day shall be taken until some 
person is duly chosen. It is permissible, however,' for the 
members to declare, in case of deadlock, that an election is im- 
possible; then adjournment may follow. 

If the Legislature fails to elect, the Governor may appoint 
a Senator, whose term will expire upon the date of the next 
meeting of the Legislature. If a vacancy occurs, the Governor 



Senator 597 Sergeant=at-Arms 

holds the same power of appointment, or, in his judgment, 
he may call the Legislature together in special session to fill 
the vacancy. In the latter event, the Senator chosen fills 
out the remainder of the unexpired term. 

Salary. While the Senators represent the States in Con- 
gress, yet the work upon which they engage is National in its 
scope, and they are paid from Government funds. The rate 
of payment has varied from time to time, as will be seen from 
the following table: 

From 1789 to 1815 $ 6.00 per day. 

1815 "1817 Sl,500 per year. 

1817 " 1855 $ 8.00 per day. 

1855 " 1865 13,000 per year 

1865 " 1871 15,000 per year. 

1871 " 1874 $7,500 per year. 

1874 " 1907 $5,000 per year. 

.1907 " $7,500 per year. 

During the whole time the Senators have received the same 
salary as Representatives, except that in the year 1795 for a 
few months Senators received one dollar per day more than 
the members of the House. See Congress; Committees of 
Congress; House of Representatives. 

Senator. See Senate of the United States. 

Sergeant, a non-commissioned officer of a company of 
soldiers, ranking above a corporal. It is the duty of a sergeant 
to see that good order is preserved at quarters, to instruct 
recruits in military tactics, and to command small detachments 
on special expeditions. See Company. 

Sergeant=at=Arms. Every deliberative body elects or 
causes the appointment of an officer called the sergeant-at-arms. 
He is given executive authority; he enforces the orders of the* 
presiding officer, serves warrants, and arrests members for 
disorderly conduct or for delinquency. In some cases he has 
charge of the payrolls. 

In the Congress of the United States the sergeants-at-arms 
of the two Houses are important officers. Their authority 
cannot be ignored when a member receives an official com- 
munication from that source. If a member is needed in either 



Session 598 Sheriff 

House to complete a quorum his sergeant-at-arms may arrest 
him, wherever found, and compel his appearance. When the 
sergeant-at-arms carries the mace [q. v.] down the aisle of either 
House that emblem in those hands should instantly quell any 
disturbance; should any member continue boisterous after such 
a demonstration he is guilty of contempt. 

Session. A session constitutes the sitting together of an 
organized body for the purpose of transacting business; in 
point of time it is usually considered as extending over such a 
period as is unbroken by final adjournment. From another 
view, it may in point of time extend only from the opening to 
the close of deliberations, extending through one sitting only. 

Sheriff, the chief civil officer of a county. He is invested 
by the State with certain Executive functions. The principal 
duty of the Sheriff is the preservation of the peace within his 
county; in incorporated cities he is to some extent relieved of 
these duties by the municipal police force, but his full 
authority, even here, is not surrendered. 

When a serious disturbance of the peace occurs anywhere 
in the county outside of the precincts in which a police force 
operates, the Sheriff assumes control, appoints deputies in any 
required number to assist him, and uses such power as is 
necessary to restore order. In the event that he is unable to 
become master of such a situation, he may appeal to the 
Governor of the State, his immediate superior Executive 
officer, for one or more companies of militia to aid him. See 
Militia. 

The Sheriff is present at the sessions of the County, or 
Circuit, Court, in his capacity of peace officer, and it is his duty 
to attend to the execution of all writs, warrants and summonses 
issued by the court which are placed in his hands. He has 
charge of the county jail and of the prisoners there confined. 
Several regularly appointed assistants called Deputy Sheriffs 
are clothed with power to act in place of the Sheriff, and at his 
suggestion. Any citizen may be commanded to serve as a 
Deputy in time of public disorder, and for failure to respond a 
penalty is fixed, which varies in different States. 



Shinplasters 599 Silk Stockings 

The office of Sheriff is nearly always elective; the term is 
in most States two years, and in perhaps half of them he may 
serve only two successive terms. See County Officers. 

ShinpIasterSo During the Civil War currency of all kinds 
became very scarce and in some sections almost disappeared 
from circulation. To relieve the stringency the people, especially 
small merchants, were forced to circulate postage stamps and 
their promissory notes for small amounts; these latter were 
accepted as money only within the range of the makers' ac- 
quaintance, and were naturally the object of suspicion elsewhere. 
In derision it was declared their best value lay in their availa- 
bility as plasters for broken shins. From this facetious opinion 
they derived their name. 

Later the Government issued paper money in denomin- 
ations of three, five, ten and twenty-five cents, to which the 
same name was given, in memory of the makeshift currency 
of the former day. 

Short Session of Congress. See Congress. 

Sic Semper Tyrannis. This is the motto of the State of 
Virginia; it is a Latin phrase signifying, "Thus always to 
tyrants." The words are especially memorable as having 
been used by the slayer of President Lincoln as he emerged 
from the private box of the President after the assassination. 

Signal Service. An organization within the War Depart- 
ment for prompt and secret communication between the parts 
of an army was named the Signal Service. Men are specially 
trained for the work; the equipment consists of torches for use 
at night, flags, heliostats, telegraph and telephones, and 
various other instruments which can be of service. In times of 
peace, when army maneuvers are infrequent, the Signal Service 
is a comparatively unimportant branch of the army. Because 
of this fact, since 1870 it has had charge of the weather bureau 

[q- V.]. 

Silk Stocl<ings is a name applied in derision by professional 
politicians to those citizens of wealth and position who occasion- 
ally take a part in politics. The aim of the bettter class is 
usually reform; the man who makes his living in. politics, 



Silver Bill 600 Silver Certificates 

or who at least enjoys certain emoluments therefrom, naturally 
resents interference. See Kid Glove Politics. 

Silver Bill. The most notable bill ever passed by Con- 
gress in behalf of the monetization of silver was called the 
Bland Silver Bill, drawn by Representative Bland of Missouri, 
and enacted into law in 1877. It was the culmination of a long 
agitation throughout the country for the free and unlimited 
coinage of silver by all the mints of the United States, and the 
bill originally provided for such coinage. The coinage of the 
silver dollar had been abandoned since its demonetization in 
1873, and the leading adherents of bimetallism were anxious to 
have it restored and placed on an equality with the gold dollar 
as a unit of value. Under the provisions of the Bland Bill, it 
was expected that these objects would be accomplished, but 
when the bill reached the Senate, it received treatment directly 
opposite to its original purpose, because the clause providing for 
the free and unlimited coinage of silver was stricken out. How- 
ever, the bimetallists of the Senate succeeded in amending the 
bill to the extent that the Secretary of the Treasury should 
be directed to purchase each month not less than $2,000,000, 
and not more than $4,000,000 worth of silver bullion at the mar- 
ket price; that this bullion should be coined into silver dollars; 
and these dollars should be legal tender in unlimited amount 
for payment of all debts. In that form the bill passed both 
houses and was a law until 1890, when by another act the obli- 
gation to purchase and coin silver was repealed. Therefore, 
it will be seen that the Bland Act inaugurated the campaign 
for the free and unlimited coinage of silver, whose later cham- 
pion was William Jennings Bryan. See Free Coinage; Gold 
Standard Act. 

Silver Certificates. By an act of Congress in 1878, any 
person was privileged to take silver bullion in any quantity 
to the United States Treasury and exchange it for paper money, 
called "silver certificates." While this paper money has in 
itself no intrinsic value, the Government's promise, printed on 
the face of the bill, that it will pay "to the bearer on demand" 
silver dollars to the amount deposited to secure its issue, 



Silver Grays 601 Silver Republican Party 

makes the silver certificate a popular form of money. 
Enough silver must be retained in the Treasury to redeem all 
outstanding certificates. These certificates are in denomin- 
ations of one, two and five dollars, and are receivable by the 
Government for all debts due to the Treasury. They are not 
legal tender for any amount among the people, but, from the 
fact that a silver certificate may be taken to any Sub-Treasury 
and exchanged for equal value in silver coin, they are every- 
where accepted by common consent as full legal tender. See 
Gold Certificates; Money. 

Silver Grays, a division of the Whig party which supported 
the administration of President Fillmore and who differed with 
the main Whig organization in believing that the Compromise 
of 1850 definitely settled the slavery question. The name 
was applied to the faction because nearly all its leaders were 
elderly, gray-haired men. 

Silver Question. Whether silver bullion shall be received 
at the mints and coined into money on the same terms as 
gold bullion is received, and at a value compared to gold which 
should be regulated by law, has given prominence at various 
times in our history to what is termed the "silver question." 
There has always been a strong minority of the people who have 
favored the use of silver as a basal money, or gold and silver 
together, on a ratio of values established by law; however, the 
legislation of the leading nations of the world seems to favor 
one single standard of value, and that favored standard is gold, 
the most precious metal, and the one which fluctuates least in 
value. For fuller details of the various phases of the subject, 
see Bimetallism; Gold Standard Act. 

Silver Republican Party, a faction of the Republican party 
which left the parent organization in 1896 because of differences 
of opinion on the currency question. The Republican party 
favored the gold standard, or single standard, system of coinage, 
a policy especially objectionable in those Western States whose 
mines produced large quantities of silver. The party was strong 
only in those few States; it did not put in nomination a can- 
didate for the Presidency, but indorsed the Democratic nominee, 



Sine Die 602 Sinking Fund 

William J. Bryan, who advocated the unlimited coinage of 
both gold and silver at the fixed ratio of value of 16 to 1. 
The members of the Silver Republican party have been absorbed 
by the Democratic org£),nization, only a few returning to the 
Republican party. 

Sine Die. See Adjournment. 

Single Standard, the name applied to a monetary standard 
of value based on one metal, rather than a system which is based 
upon the parity of two metals, at a comparative value fixed by 
law. See Double Standard; Bimetallism; Gold Standard 
Act. 

Single Tax is a proposed scheme of taxation, not yet 
seriously considered by the majority of people, whereby the en- 
tire revenues of a State shall be raised by a tax levy upon one 
single object. We pay now every year taxes levied upon 
various items, such as real estate, personal property, certain 
animals, etc., and the funds thus realized are applied to the 
expenses of administration, schools, roads, and other public 
needs. The advocate of a single tax would abolish all except 
one source of revenue; he would raise public money by taxing 
vacant (unimproved) real estate, or real estate with its im- 
provements, or by levying an assessment based upon the 
rental value of property only, as the circumstances might 
warrant. The adoption of such a system would re-distribute 
the burden of taxation, and possibly, in some contingencies, 
distribute it more equitably. There are many arguments in 
favor of single tax and others apparently vital to the welfare 
of the State which would seem to make its adoption of doubtful 
expediency. Henry George was the foremost champion of the 
plan in the United States. Interest in the matter has somewhat 
abated since his death in 1897. 

Sinking Fund. A sinking fund is an amount of money set 
apart at regular intervals, as yearly, to provide for the can- 
cellation of a debt due in the future or to secure funds for 
expected future expenditure. It is proper for a Government 
to pay its National debt in this way; a State may cancel its 
bonded obligations by laying aside a part of the amount each 



Sixteen=to=One 603 Slander 

year, thus distributing the burden of taxation necessary to 
liquidation over a number of years. A school district, in need 
of a new building, may provide a part of the funds, or the entire 
amount needed, by laying a tax to be diverted into a sinking 
fund for a period of years. Nearly every State Constitution 
provides that sinking funds of public corporations shall be placed 
at compound interest until needed. A common example of 
sinking fund is shown in the act of a man who places a dollar each 
week into a fund which he sets aside for the future purchase of a 
coveted article. 

"Sixteen=to=One" was the rallying cry of the Democratic 
party in the Presidential campaign of 1896, contested by 
William McKinley, on the Republican ticket, and by William 
Jennings Bryan, on the ticket placed in nomination by the 
radical branch of the Democratic organization. Thousands 
of conservative Democrats refused to endorse the candidate 
of their party, and these supported either Candidate McKinley 
or General Buckner, the nominee of the "Gold Democrats." 
Mr. Bryan advocated the free and unlimited coinage of silver, 
based on a comparative standard of value with gold at the ratio 
of 16 to 1 — sixteen ounces of silver to be decreed by legislation 
to be equal in value to one ounce of gold, without regard to the 
market value of the former metal. At the time the commercial 
ratio of silver to gold was about 31 to 1, but the silver advocates 
declared that such legislation as they proposed would at once 
double the market value of silver and justify the ratio de- 
manded. The currency system of the country, in the event of 
the success of the Democratic program, would have been bime- 
tallic, the two metals being coined thereafter without discrimin- 
ation against either, and their parity maintained by statute. 
The campaign was the most hotly contested of any since the 
Civil War. McKinley overwhelmingly defeated Bryan, and 
although the latter was the Democratic candidate again in 
1900 and 1908, the silver question was not again an issue. 
See Bimetallism; Gold Standard Act. 

Slander. By the First Amendment to the Constitution 
the people are guaranteed "freedom of speech and of the press." 



Slavery 604 Slavery 

In order to protect society from unscrupulous persons, laws 
have been passed by all the States prescribing penalties against 
those who overstep the bounds of truth in speech or in print. 
It is lawful to print or speak anything which is true; no statute 
can be constitutional which will deny this right. 

Slander is a false tale or report, uttered with malice and 
designed to injure the reputation, character and standing of 
another. The ground of all liability to an action for slander 
must consist in an injury to character, such as will tend to 
degrade the complainant in the eyes of his fellow men. See 
Libel; Freedom of Speech. 

Slavery. The involuntary servitude in which the negro 
was held in the United States under colonial governments was 
a question of long debate in the Constitutional Convention. 
To decide for or against slavery appeared to be an impossible 
task; public sentiment was too evenly divided. No nation in 
the world up to that day had abolished the slave trade, although 
the importation of negroes had been prohibited in all of our 
colonies except North Carolina, South Carolina and Georgia. 
These three States of the new Union demanded that the rights 
they held should not be denied them under the new Govern- 
ment, and the following clause of the Constitution (Article I, 
Section 9, Clause 1) was adopted as a compromise: 

The migration or importation of such persons as any of the states 
now existing shall think proper to admit shall not be prohibited by the 
congress prior to the year one thousand eight hundred and eight, but a 
tax or duty may be imposed on such importation, not exceeding $10 
for each person. 

The three States mentioned were thus privileged to con- 
tinue the slave trade until 1808. In that year Congress entirely 
abolished the traffic, by an act passed in 1807, to take effect 
January 1, 1808. Thereafter the institution of slavery depended 
for growth upon the natural increase in the negro population. 

The word "slave," as a concession to the opponents of 
slavery, was not mentioned in the Constitution. It did not 
appear there in any of its forms until the adoption of the 
Thirteenth Amendment, in April, 1865. By this amendment 



Smuggle 605 Socialist Party 

slavery was removed forever from the political and industrial 
life of the nation. Some of the important measures passed by 
Congress from 1820 to 1860 relative to the question of slavery 
will be found discussed under their proper headings in this work. 

Smuggle. To smuggle is to carry secretly into or out of 
a country articles upon which import or export duties are im- 
posed. No country under normal conditions lays export duties, 
so smuggling is an' offense directed almost entirely against im- 
port duties. To prevent this crime the Government employs 
customs inspectors at every port of entry, whose duty it is to 
inspect carefully all baggage of passengers arriving from 
foreign ports; the examination may extend to an inspection of 
the clothing worn by anyone suspected of secreting valuable 
articles. The offense of smuggling is usually punished by con- 
fiscation of the articles smuggled; in addition, cash penalty 
three times the value of the goods may be imposed. In the case 
of habitual offenders, the Federal courts may impose a fine not 
exceeding five thousand dollars, or may sentence to imprison- 
ment for a term not exceeding two years. 

Socialist Party, a minor political organization in the United 
States which advocates the seizure by the working classes of the 
whole system of government and its operation thereafter in 
the interest of the wage-earner rather than the capitalist. 

Its platform pledges the party to work and vote for short- 
ened days of labor and increased wages; for the insurance of 
workers against sickness, accident and lack of employment; 
for pensions for aged and exhausted workers; for public 
ownership of the means of transportation, communication and 
exchange; for the graduated taxation of incomes, inheritances 
and of franchise and land values; for equal suffrage of men 
and women; for the prevention of the use of military against 
labor in the settlement of strikes; for the free administration of 
justice; for the initiative, referendum and proportional repre- 
sentation, and for the recall of officers by their constituents. 
These things, it is declared, are but a preparation of the workers 
to seize the whole powers of government in order that they may 
thereby lay hold of the whole system of industry and thus come 



Soft Money 606 Sorehead 

into their rightful inheritance. See Political Parties in the 
United States; Initiative, Referendum and Recall. 

Soft Money, a colloquial expression, limited in use to the 
United States. It refers to paper money, as distinguished 
from coin (gold and silver), which in financial circles is some- 
times termed hard money. 

Solicitor=General. In the Department of Justice the officer 
next in rank to the Attorney-General is the Solicitor-General. 
The salary of this officer is $7,500 per year. The office ranks 
above the Assistant to the Attorney-General, whose salary is 
$7,000. See Judicial Department; Attorney- General. 

Solid South. The sympathy of the white people of the 
South has been with the Democratic party and against the 
Republican party since the organization of the latter, in 1856. 
The reason is that the Republicans in Civil War times espoused 
the cause of the negro, and in subsequent legislation they have 
protected the interests of that race, often against the protests 
of Southern whites, who have contended for white domination 
in all public matters. In every election since President Hayes 
withdrew Federal troops from the South, the Democratic 
party has triumphed in every Southern State; the returns have 
shown a "Solid South" for Democracy. In recent National 
campaigns party lines have not been so closely drawn; there are 
evidences that the "solidity" is perhaps to be broken. This is 
due to new and vital issues in which North and South have a 
common interest, and to the fact that a new generation has 
reached voting age — a generation not personally involved in 
past gigantic political and military struggles. 

Sons of Veterans, a patriotic, semi-military organization, 
to which only sons of Civil War veterans — soldiers, sailors and 
marines — are eligible as members. The order was formed in 
Philadelphia in 1880, to preserve the principles for which their 
fathers fought. It has about 35,000 members, in twenty-nine 
different States. See Grand Army of the Republic, 

Sorehead. A sorehead in public affairs is a person who has 
not only been disappointed in his ambitious political designs, 
but who adds to his disappointment a personal grievance against 



South Carolina 



607 



South Carolina 




those who helped to bring about his defeat. He may go to 
the extreme of deserting his party, or may simply abandon it 
temporarily, returning later in better humor. 

South Carolina. The Carolinas were named in honor of 
King Charles I of England. The land was claimed by England 
because of explorations by the Cabots. The first settlement 
was made about 1670, and the government was largely in the 
hands of Proprietors, subject only to a limiting power of the 
colonists themselves. The South Carolina settlements were 
prosperous from the beginning, and 
were long loyal to Great Britain while 
their northern neighbors were waver- 
ing in their allegiance. The colony 
opposed the non-importation agree- 
ment of 1769, but sent money to the aid 
of Boston in 1774, and was the first of 
the colonies in 1776 to adopt a Con- 
stitution. On December 23rd, 1788, state seal of south caroun a 
South Carolina adopted the Federal Constitution, and two 
years later a State Constitution. 

Government. There have been in the State six Constitu- 
tions, adopted in 1776, 1778, 1790, 1865, 1868, and 1895. 
Amendment is possible by vote of two-thirds of each House of 
the Legislature, followed ■ by ratification at a State election, 
after which, there must be another majority vote of each House 
of the Legislature. Male citizens may vote if they have been 
in the State two years, in the county one year and in the 
precinct four months, provided they have registered and have 
paid their poll tax. The Legislature consists of a Senate of 
41 members, elected for four years, and a House of Representa- 
tives of 124 members, elected for two years. Regular sessions 
are held annually and are not limited in length, except that 
after forty days members cannot receive remuneration. Dur- 
ing the first forty days they receive $4.00 per day. The State 
officers are the Governor, Lieutenant-Governor, Secretary of 
State, Treasurer, Attorney-General, Controller-General, Ad- 
jutant-General and Superintendent of Public Instruction. 



South Dakota 



608 



South Dakota 




STATE SEAL OF SOUTH 
DAKOTA. 



At the head of the Judicial system is a Supreme Court of 
four Justices, elected by the Legislature for eight years. There 
is the Court of Common Pleas, and the Court of General Sesisons, 
the Judges of which are chosen by the Legislature for four years; 
there are also County and Municipal courts. 

South Dakota. The present State of South Dakota was 
a part of the Louisiana Purchase of 1803, and was explored by 
the Lewis and Clark expedition of the following year. The 
first settlements were made in 1829 and 
1831. Dakota Territory, including the 
present North and South Dakota, was 
organized in March, 1861. In its original 
limits, it also included large parts of 
border States. The first move for state- 
hood was made in 1883, when a Con- 
stitution was adopted and presented to 
Congress. In 1889 an act was passed 
for the admission of the two Dakotas, and they were admitted 
as States on November 3rd. 

Government. South Dakota has had but one Constitution, 
adopted in 1889, as a preliminary step to statehood. The 
Constitution may be amended by majority vote of both Houses 
of the Legislature and subsequent ratificatipn by majority 
vote of electors of the State. South Dakota is one of the States 
which permit foreigners to vote before they have become 
naturalized, but they must have lived within the United States 
one year, in the State six months, in the county thirty days and 
in the precinct ten days before they are eligible to vote. No 
foreigner may vote unless he has taken out his first set of 
naturalization papers. The Legislature consists of a Senate 
of not less than 25 nor more than 45 members, and a House of 
Representatives of not less than 75 nor more than 135 members, 
all elected for terms of two years. Regular sessions are held 
biennially, and are limited to sixty days; members receive 
%5 . 00 per day for actual attendance. The officers of the State 
are the Governor, Lieutenant-Governor, Secretary of State, 
Auditor, Treasurer, Superintendent of Public Instruction, and 



Sovereign Power 609 Sovereignty 

Attorney-General, all elected for terms of two years. All are 
eligible to re-election, except the Treasurer. The Supreme 
Court of three Judges, elected for six years each, is at the head 
of the State Judicial system. Below is the Circuit Court, with 
Judges elected for four years; County courts, with judges hold- 
ing office for two years; and there may be a system of separate 
courts in cities. 

Sovereign Power is supreme jurisdiction and authority, 
not subject to interpretation and possible reversal by higher 
powers. A country is a sovereign power if it acknowledges no 
political dependency upon, or allegiance to, any other country. 
A State of the Union is sovereign with respect to its own 
internal affairs, but in the true sense it is not sovereign — it 
acknowledges higher authority in the Federal Government. 
France is a sovereign State; England is not, for it is a member 
of the group of minor governments composing the Kingdom of 
Great Britain and Ireland. 

Sovereignty means the original, absolute and universal 
power by which all persons in a State are controlled. The 
theory underlying a republican form of government is that this 
universal power to control lies in the people, and that they 
choose agents from their own number to enforce the rules of 
government which they themselves formulate in representative 
assembly. If a majority of the people of the United States 
unite upon an idea not contrary to our basal principle of govern- 
ment — the Constitution — the will of that majority is sovereign; 
there is no higher power which may deny the majority its right 
to rule. The Constitution is supreme even above the wish 
of the majority, unless they choose to amend it, because the 
people themselves in the beginning elevate it to the supreme 
place as their perpetual political standard. Whether sov- 
ereignty resides in the people of the several States as citizens of 
those States, or in the same people as citizens of the United 
States, was unsettled until determined by the issues of the Civil 
War. State sovereignty is limited by the supreme authority 
of the people of the United States. See State Sovereignty; 
Nullification. 



speaker of the House 610 Speaker of the House 

Speaker of the House. The Constitution, in Article I, 
Section 2, Clause 5, declares that "the House of Representatives 
shall choose their Speaker and other officers * * * * " 
It is possible for that body to choose as its presiding officer a 
man not a member of the House, and this was done once in the 
early days of our history. A Speaker so chosen could neither 
vote nor participate in debate; his position, to that extent, 
would parallel the office of Vice-President; that officer, as 
President of the Senate, is not a member of that body, and his 
duty is merely to direct proceedings in an orderly manner. 

The House early determined that the honor of the Speaker- 
ship should be bestowed upon one of its own members, who, 
like them, had received his commission as legislator direct from 
the people. The Speaker, therefore, is now always a member 
of the body over which he presides; he is entitled to vote upon 
all questions and may, by calling another member to the tempor- 
ary chairmanship, participate in debate. In dignity, he is third 
in governmental circles, being classed below the President and 
Vice-President; in power, he is second only to the President. 

The Speaker is responsible for the progress of legislation 
through the House. To be held accountable he should have 
power to determine largely the organization of the body and 
the manner of its procedure. The Committee on Rules dictates 
the order of procedure; the Speaker is Chairman of this com- 
mittee and dominates it. He appoints every committee of the 
House and from his decisions on committee assignments there 
is no appeal. Possibly he has become somewhat arbitrary in 
his rulings and autocratic sometimes in his treatment of mem- 
bers who wish recognition, but he is the creature of the House, 
and the House, in the last analysis, is master, with the power 
of the majority to discipline the servant. In nearly every 
Congress a portion of the members attempt to induce the major- 
ity to curtail the immense power of the Speakership, but no 
success attends the efforts. The reason is that the House is a 
large and sometimes noisy body, requiring a strong hand to hold 
it within bounds, and that almost without exception the 
Speakers have not used their power except for the public good. 



Specie 611 Spoils System 

The Speaker is elected at the beginning of every new 
Congress; he is eligible to re-election at the pleasure of his 
colleagues. The salary of this officer is SI 2,000 per year — 
$4,500 more than any other member of Congress. Previous 
to 1907 it was $8,000. The Vice-President and Speaker receive 
the same compensation. See House of Representatives; 
Committees of Congress. 

Specie is coin of gold, silver, copper or other metal, issued 
by Government authority and stamped on its face with figures 
or words indicating its value as legal tender money. Another 
name for specie is ''hard money," meaning metal money. 

Specific Duties. See Customs Duties. 

Spoils System. A favorite maxim of "practical politi- 
cians" — the men who aim to control primaries and conventions, 
dictate nominations and promote the election of men whom 
afterward they may look to for favors — is that "to the victors 
belong the spoils." According to this creed the party winning 
a National election should by right of conquest be given the poli- 
tical positions under the Government; it was argued that party 
adherence could best be secured by promises of place and power 
and known ability to deliver the thing promised. Therefore, 
at every change of party in incoming administrations, until a 
very few years ago, the cry of "turn the rascals out" was heard 
the day after election, and was followed by thousands of dis- 
missals, even down to those holding ill-paid clerical positions; 
the places thus vacated were at the disposal of the new political 
powers, to be parcelled out to "the faithful." No public good 
ever resulted from selection of employes by such methods; 
some clerks were inefficient, others felt that their positions were 
secure only so long as the party in power retained its ascendency; 
many looked for protection against dismissal for cause to the 
influences which placed them on the salary list. It would be 
unfair, however, not to admit that many faithful and efficient 
workers received appointment by these methods. 

Public opinion against the spoils system grew stronger 
year by year, as its objectionable features were forced to the 
attention of thinking men, and changes in appointments to the 



Squadron 612 Stalwarts 

civil service began. In 1883 President Arthur signed the first 
civil service reform bill, and the principle has been applied in 
subsequent legislation to the extent that today more than a 
hundred thousand Government employes, who have earned 
their places by competitive examination, are secure against 
the machinations of politicians and the uncertainty of party 
tenure. They can be dismissed only upon charges preferred 
before the National Civil Service Commission and proved in a 
public hearing. See Civil Service; Civil Service Reform. 

Squadron, a term applied to a division of cavalry, cor- 
responding to a battalion [q. v.] of infantry. There are four 
troops in a squadron of cavalry, each troop one hundred strong, 
under command of a Captain. The four Captains have for 
their superior officer a Major, who is the commanding officer 
of a squadron. Three squadrons form a regiment, whose com- 
manding officer is a Colonel. The term is also used in the navy 
to designate a division of a fleet employed in special service. 

Squatter Sovereignty. This is a term belonging only to 
United States history and government. It had its origin in the 
days preceding the Civil War, and refers to the political theory 
that the people of each new Territory, when it was about to be 
admitted as a State, should decide for themselves whether 
slavery should be permitted or prohibited within its borders. 
Both pro-slavery and anti-slavery factions sought to populate, 
even temporarily, those new Territories in which the question 
of statehood would soon be voted upon, the slavery States 
exerting themselves in this direction more than the free States. 
These temporary residents were termed "squatters." The 
advocates of this method of settling the all-important political 
issue of the times called it ''popular sovereignty"; its opponents, 
in derision, named it "squatter sovereignty." 

Stalwarts. In the political history of the nation, begin- 
ning in the year 1880, members of a faction of the National 
Republican party were given the name of Stalwarts. It was 
applied to those who supported the claims of General Grant to 
nomination for a third term in the Presidential office, on account 
of the tenacity with which they clung to his capdidacy. 



stamp Act 613 Stamp Act 

Stamp Act. In 1763, upon a change of ministries in Great 
Britain, a more vigorous colonial policy than had previously 
prevailed was adopted. The changes were aimed primarily 
at the American colonies, the only ones of great importance 
that the English nation possessed. It was decided to establish 
in the colonies a permanent British military force, both for 
protection from foreign enemies and for strengthening the 
power of the royal governors; also, to raise at least a part of the 
money necessary to maintain this force by a system of parlia- 
mentary taxation. In the early part of 1764 the Prime Minister 
secured the passage through the House of Commons of a 
resolution to the effect that "for further defraying the expenses 
of protecting the colonies it may be proper to charge certain 
stamp duties in said colonies." Further action was then post- 
poned until February, 1765, when, the colonies not having 
shown a disposition to volunteer taxes for the purpose, the 
Government passed a bill making it necessary that stamped 
paper be used for all colonial bills, bonds, leases, insurance, and 
legal documents of all kinds, also that stamps be affixed to all 
newspapers, playing cards, pamphlets, and various like articles. 
The law was intended to operate very much as our present 
internal revenue laws, which require revenue stamps to be 
attached to certain manufactured articles. 

Scarcely any attention was paid by the English people to the 
passage of the Stamp Act, but in the colonies there was prompt 
and vigorous protest. The principle was advanced that 
Parliament was denying the colonists the right accorded to all 
Englishmen at home not to be burdened with taxes without 
giving them parliamentary representation; if they must pay 
taxes to support the military power of England they should be 
permitted to have a voice in legislation, so their interests could 
be guarded. To the cry, "Taxation without representation 
is tyranny," Parliament returned no direct answer, but so great 
was the opposition to the Stamp Act that it was repealed to 
preserve the dignity of the ministry and of Parliament. The 
colonists refused to buy or use the stamps, and no alternative 
action of Parliament seemed possible. 



Stamp Act Congress 614 Star Route 

Stamp Act Congress. The First Colonial Congress is also 
known as the Stamp Act Congress. See Colonial Congress. 

Stamp Tax. See Internal Revenue. 

Star Chamber. In the time of Henry VII in England a 
court was organized under royal order to try certain cases 
arising in the criminal and civil practice of the country. Its 
purpose in the beginning was to curb the greed of the nobles 
and bring them fully under the law; in their own districts they 
had become so powerful that they could overawe all courts 
of justice. This new court had for its presiding oflEicer the Chan- 
cellor of the kingdom and was called the Star Chamber, from the 
supposed fact that the room where sessions were held was 
decorated with stars suspended from the ceiling. Had the 
Star Chamber retained its original jurisdiction only, it would 
have been a beneficial institution, but in the hands of oppressive 
officials it became a terror to every Englishman. The sessions 
finally were secret, torture was freely used to extort confessions, 
and prisoners were condemned without a chance to be heard in 
their own defense. 

In the United States the name Star Chamber is applied to 
secret meetings of officials and powerful politicians, in which 
they plan programs which will promote questionable personal or 
partisan ends. Only to a favored few are the proceedings of 
such sessions made known. The institution came to be hated 
in England; in America its meaning happily expresses popular 
opinion as to one form of political activity. 

Star Route. In many sections of the country it is im- 
possible to transport mail by train or boat; it must be carried 
to hundreds of small inland postofhces by wagon or on horse- 
back. Routes to all postofiices where delivery of mail is not by 
train or boat are called star routes; their length in each instance 
is the distance covered between the final destination of the 
mail and the point where it was delivered from the public route 
into the hands of the private carrier. The name is derived from 
the fact that such a route is marked in the official postal guides 
with a star. A star route is as much a Government mail route 
as is a railway; the carrier is pledged to transport his mail over 



stars and Bars 615 State 

specified roads, and he may traverse no others when on duty, 
except as accidents may force a change of direction. Wilful 
disregard of this rule subjects a carrier to a penalty. 

Stars and Bars. The flag of the Confederate States was 
so called; it consisted of a blue union, in which was placed one 
white Star for each State in the Confederacy, and a field of 
three bars — the center one of white, the upper and lower of red. 
This was the National flag; there were, besides, battleflags of 
slightly different designs. 

Star Spangled Banner, the name by which the United 
States flag has been popularly known since the bombardment 
of Fort McHenry, at Baltimore, in the second war for American 
independence. A young citizen of Baltimore, Francis Scott 
Key, with others was detained on board a British vessel during 
the engagement. When the sun rose the second morning of his 
imprisonment he saw that "our flag was still there." In a 
moment of inspiration he drew paper from his pocket and wrote 
the first draft of the poem which became almost at once a 
National song. 

State. A State is a political community organized under a 
Government, which is recognized as supreme by the people 
whom it affects. The essential elements which constitute a State 
are association, organization, civil government and, ordinarily, 
a permanent place of abode for its members. It actually grows 
out of the family relation, but also has a natural basis in man's 
social nature; it takes whatever form its members may decide 
upon, and a legal basis and standard of right and justice which 
reflect the extent of civilization of the time. 

The American Union constitutes for us the real State. 
The Federal Government is the State; it knows no higher 
authority; it is sovereign. The various members of the Union, 
called States, are commonwealths of limited sovereignty, and 
are really only units of which the State is composed. To be 
sure, each of the United States is sovereign, so far as the direc- 
tion of its internal affairs is concerned, yet no act of a Legisla- 
ture or paragraph of a State Constitution may oppose any 
provision of the United States Constitution. 



Stafe 616 State 

State, Department of. This is the oldest of the Executive 
divisions of the Government; at its head is the Secretary of 
State, accounted the leading member of the administration, 
below the President. Sometimes this officer is called the 
Premier of the Cabinet, although there is no authority in our 
country for the use of that term. 

The Congress under the Confederation established the De- 
partment of Foreign Affairs, and placed at its head the Secretary 
of Foreign Affairs. In 1789, with the beginning of rule under 
the new Constitution, the same Department was authorized, 
but in two months the name was changed to Department of 
State. This Department has immediate charge of our relations 
with foreign powers; the Ambassadors, Ministers and Consuls 
we send abroad are under the direction of the Department; 
in its possession are the official copies of all treaties, public 
documents and official correspondence involving foreign rela- 
tions. See State, Secretary of; Cabinet of the President. 

State, Secretary of. The office of Secretary of State is 
the most important of the Executive positions below the Presi- 
dent; the Secretary is virtually at the head of the Cabinet 
of the President. He is sometimes called the Premier of the 
Cabinet; this designation is borrowed from the Cabinet of Great 
Britain, whose leading member is the Premier, but the powers 
and obligations of the two are so different that the name in no 
wise can be made to apply to our Secretary of State. In the 
days of the Articles of Confederation, the head of the Depart- 
ment of Foreign Affairs, as it was then called, was styled the 
Secretary for the Department of Foreign Affairs. In September, 
1789, the name was changed to Department of State, and its 
head Vv^as given the title of Secretary of State. In the law in 
which the change was made, it was stated that it should be the 
duty of the Secretary "to perform such duties as shall from 
time to time be enjoined on or entrusted to him by the President 
relative to correspondences, commissions or instructions to or 
with public Ministers or Consuls from the United States." 

The Secretary of State preserves all treaties, public docu- 
ments, laws and official correspondence with foreign nations. 



state 



617 



State 



He is the keeper of the Great Seal of the United States, and 
affixes it to all commissions which are issued by the President 
to civil, military or naval officers. He has charge of our foreign 
relations and conducts correspondence with Ambassadors, 
Ministers and Consuls of our country in foreign lands, as well 
as with the foreign departments of Governments with whom 
we maintain diplomatic relations. He also issues passports 
to citizens wishing to visit foreign countries. 

When the office was created in 1789, the salary of the 
Secretary of State was S3, 500. Ten years thereafter it was 
made $5,000; in 1819 it was raised to $6,000; in 1853, to $8,000; 
in 1873, to $10,000; in 1874, reduced to $8,000, where it re- 
mained until 1906, when it was raised to $12,000. (See State, 
Department of.) The names of the Secretaries of State since 
the adoption of the Constitution are as follows. 



Thomas Jefferson, 
Edmund Randolph, 
Timothy Pickering, 
John Marshall, 
James Madison, 
Robert Smith, 
James Monroe, 
John Q. Adams, 
Henry Clay, 
Martin Van Buren, 
Edward Livingston 
Louis McLane, 
John Forsyth, 
Daniel Webster, 
Hugh S. Legare, ad int. 
Abel P. Upshur, 
John C. Calhoun, 
James Buchanan, 
John M. Clayton, 
Daniel Webster, 
Edward Everett, 
William L. Marcy, 
Lewis Cass, 
Jeremiah S. Black, 
William H. Seward, 
Elihu B. Washburne, 



Virginia, 

Virginia, 

Massachusetts, 

Virginia, 

Virginia, 

Maryland, 

Virginia, 

Massachusetts, 

Kentucky, 

New York, 

Louisiana, 

Delaware, 

Georgia, 

Massachusetts, 

South Carolina, 

Virginia, 

South Carolina, 

Pennsylvania, 

Delaware, 

Massachusetts, 

Massachusetts, 

New York, 

Michigan, 

Pennsylvania, 

New York, 

Illinois, 



Appointed Sept. 26, 1789. 

Jan. 2, 1794 

Dec. 10, 1795. 

May 13, 1800. 

March 5, 1801. 

March 6, 1809. 

April 2, 1811. 
" March 5, 1817. 

March 7, 1825. 
" March 6, 1829. 

" May 24, 1831. 

" May 29, 1833. 

June 27, 1834 

March 5, 1841 

May 9, 1843. 

July 24, 1843. 
" March 6, 1844 

March 5, 1845 

March 7, 1849 

July 22, 1850 

Nov. 6, 1852. 

March 7, 1853. 

March 6, 1857. 

Dec. 17, 1860. 

March 5, 1861. 
. " March 5, 1869. 



state Bank 



618 



State Officers 



Hamilton Fish, 
William M. Evarts, 
James G. Blaine, 
Fred. T. Frelinghuysen, 
Thomas F. Bayard, 
James G. Blaine, 
John W. Foster, 
Walter Q. Gresham, 
Richard Olney, 
John Sherman, 
WilHam R. Day, 
John Hay, 
Elihu Root, 



New York, 

New York, 

Maine, 

New Jersey, 

Delaware, 

Maine, 

Indiana, 

Ilhnois, 

Massachusetts, 

Ohio, 

Ohio, 

Dist. of Columbia, 

New York, 



Appointed March 11, 1869. 

March 12, 1877. 

March 5, 1881. 

Dec. 12, 1881. 
" March 6, 1885. 

March 5, 1889. 
" June 29, 1892. 

" March 6, 1893. 

June 8, 1895. 

March 5, 1897. 

April 26, 189S. 

Sept. 20, 1898. 

July 7, 1905. 



State Bank, a banking institution chartered by State author- 
ity and subject to all the laws of the commonwealth relating to 
the banking business. A State bank may usually begin busi- 
ness with a capital as small as $10,000, while a National bank, 
even in towns of 3,000 inhabitants, is required to capitalize 
at a minimum of $25,000. See National Bank. 

State Board, an official body authorized by the Constitution 
of the State, whose duty is to care for some special public 
interest. The number of these boards varies in different States. 
Some of the most common are Boards of Education, Corrections 
and Charities, Auditors, Agriculture, Penal Directors, Pardons, 
etc. In some States the Governor appoints the members of 
each Board; in others, they are chosen at general elections. 

State Officers. The officers of each State are elected by 
its qualified voters, usually for two-year terms; terms of one 
year and four years are not uncommon, however. The State 
Constitution prescribes the number of Executive officers and 
outlines the duties of each. 

At the head of the list is always the Governor. He is 
accountable to the people for the execution of all the laws and 
to him the other officials are responsible. Below him is the 
Lieutenant-Governor, whose chief duty is to preside over the 
sessions of the State Senate when the Legislature is in session. 
He is promoted to the office of Governor, in case of the death, 
resignation, disability or disqualification of that official. 



State Officers 619 State Officers 

The Secretary of State is the chief Executive officer, next 
to the Governor. He keeps the official record of the proceed- 
ings of the Legislature, publishes the laws passed at each session, 
files and preserves all official communications bearing upon 
Executive matters, and in his possession is the Seal of the State, 
an impression of which must be affixed to all official documents. 

The State Treasurer is guardian of the public money; 
he receives all funds coming to the State treasury and pays it 
out upon properly certified warrants. Usually a Board of 
Auditors, composed of three officials, passes upon all orders 
upon the treasury. 

The Attorney-General is the State's lawyer. He must de- 
fend all actions at law to which the commouAvealth is a party, 
and must furnish opinions upon any legal question affecting the 
administration of any officer of the State. The various county 
Prosecuting Attorneys are entitled to his advice at all times 
respecting the routine work of their offices. 

The Commissioner of the Land office is not among the 
officers of every State; when found, he has charge of the 
public lands within the State and sells them according to law. 

The State Superintendent of Public Instruction is at the 
head of the schools and usually is one of the members of the 
State Board of Education. The associate members of the 
Board are sometimes appointed by the Governor, but more 
frequently elected by the people. 

When a Board of Auditors is not provided to audit public 
accounts, a State Auditor is included among the Executive 
officers, with the duty imposed upon him to examine carefully 
into every expenditure before permitting payment to be made. 

Salaries of these officials vary greatly. Some Governors 
receive only $1,000 per year; others are given $10,000. The 
average is $4,000 or $5,000 for this officer, and from $1,000 to 
$4,000 for other officials. In most States all of the above-named 
heads of Executive departments are required to reside at the 
State capital during their terms of office; the exception most 
frequently made is in the case of the Superintendent of Public 
Instruction. 



State Paper 620 State Sovereignty 

State Paper, an official document or communication on 
public affairs, as a President's message to Congress, or the 
message of a Governor to the Legislature of his State. See 
Message of the President. 

States, Admission of. See Admission of States to 
THE Union. 

State's Attorney. The county official who prosecutes all 
offenses against the State which are committed within his 
jurisdiction is called the State's Attorney, or Prosecuting 
Attorney. He is required to give advice on legal matters 
pertaining to the administration of any other county officer. He 
is always elected by the voters of the county, usually for a term 
of two years, and is eligible to re-election. 

States, Equality of the. See Equality of the States. 

State Sovereignty was that political doctrine which de- 
clared that when a State joined the Federal Union it delegated 
only a part of its authority to the central Government, reserving 
to itself large powers to be used at its own discretion. The 
leading principle of this doctrine declared that in the last 
extremity a Statb might exercise its sovereignty in the highest 
degree and retire temporarily or permanently from 'the Union. 
Under the Articles of Confederation, a State was expected to 
act with the others only as far as it agreed with them. A strong 
faction in the Constitutional Convention sought to make the 
States sovereign in any crisis, but the principle was voted dov\7n. 
While lost as a Constitutional provision, the idea still lived 
and the Kentucky Resolutions found many supporters. Later, 
New England States threatened to override the Constitution and 
exercise their alleged prerogative to withdraw from the Union. 

The opponents of the supreme sovereignty of the States 
based their strongest argument in the Constitutional Convention 
upon the fact that not as single colonies but as a united people 
the battles for independence were fought; the colonies acted 
jointly and not once during the struggle was individuality 
exercised. The supreme test of State sovereignty versus 
National unity came upon the secession of the Southern States 
in 1860 and 186L The result of the ensuing Civil War forever 



Statute 621 Stump Speech 

settled the question. See Nullification; Secession; Ken- 
tucky Resolutions. 

Statute. A statute is a law established by the Legislative 
Department of the nation or of a State. It is the written 
will of the supreme authority, expressed according to forms 
usually prescribed in the Constitution. When properly passed 
and having received Executive sanction, a statute is considered 
in full force and effect until repealed or nullified by express 
stipulation in subsequent legislation. A law is not considered 
repealed merely by the enactment of another statute on the same 
subject; there must be a positive disagreement between the 
provisions of the new law and the old to work a repeal by im- 
plication. See Enacting Clause; Repeal. 

Statute of Umitations. The laws of all States require public 
officers to apprehend and bring to trial within a limited time, 
if possible, those persons who are accused of offenses against the 
commonwealth. If an accusation is not made before a magis- 
trate, or an indictment found, or an information sworn to within 
a given number of years, then the person suspected shall be no 
longer in jeopardy of arresc and trial. The laws' delay operates 
to free the alleged offender from the legal consequences of his 
act. There are two exceptions to the operation of this statute 
of limitations, in that the crimes of treason and murder are not 
covered; during the lifetime of the guilty persons they are ac- 
countable to the law. Limitation in cases of felony varies 
from two to ten years, with an average of six; for a misdemeanor 
or a lesser offense it is from ninety days to two years. 

Still Hunt. If a politician works quietly to secure support 
for his candidacy or for a political measure in Avhich he is inter- 
ested, and does not openly avow his purposes, he is said to 
engage in a still hunt. Such an act may be either creditable 
or discreditable; its morality is determined as it affects the 
issues of good government and the public welfare. 

Straw Bond. See Bond. 

Strict Construction. See Loose Construction. 

Stump Speech. In days when the country was less thickly 
settled, political orators traversed the country on horseback 



Subject 622 Subsidiary Coin 

and addressed the people wherever they could assemble a suffi- 
cient number to form an audience. A favorite rostrum was the 
stump of a tree. From this fact these addresses came to be 
called stump speeches; the speakers were engaged in "stumping 
the State." Even today if a political address from the plat- 
form is in the nature of an undignified harangue the old name 
may be applied to it. 

Subject. Literally, a subject is a person who is under the 
governing power of another; as, the relation of a person in an 
absolute monarchy to his ruler. In a republic the people are 
citizens, not subjects; they are under the power of a governing 
head only to the extent that they are willing to delegate au- 
thority to him. The subject cannot displace his master nor 
change the manner of rule. The people of Great Britain and 
Germany are citizens, to the extent that they can influence 
legislation; but they are yet subjects, because they have no 
power to choose the actual heads of their States. 

Subornation of Perjury is the offense of procuring another 
to swear falsely, in such a way as would constitute perjury 
in the principal. See Perjury; Oath. 

Subpoena. A subpoena is a writ issued by a magistrate 
requiring a person to appear at a specified time in a court of 
justice for the purpose of giving testimony under oath concern- 
ing a case at law. The summons cannot be evaded, even 
temporarily, unless sickness intervenes, in which case a phy- 
sician's certificate will be accepted by the court as reasonable 
excuse. The penalty for failure to appear promptly at the time 
appointed lies in the discretion of the court. 

Subpoena Duces Tecum. If the subpoena served upon a 
person commands not only his presence in court, but contains 
also a demand for him to bring certain designated documents 
or articles needed as exhibits in a case, it is called a subpoena 
duces tecum. The phrase means, "you will bring with you." 

Subsidiary Coin. The coins of the United States, of silver, 
nickel and copper, and of denominations from one cent to fifty 
cents, are subsidiary coins. They are legal tender only for small 
amounts. See Coin. 



Subsidy 623 Suffrage 

Subsidy. A subsidy is pecuniary aid directly given by a 
Government to a commercial enterprise privately owned, to 
enable it to serve the public without loss. In earlier days 
railways projected towards the Pacific coast could not hope to 
yield a profit, even with most economical management; public 
interests demanded that these highways of commerce be main- 
tained, and it was concluded that what was to benefit all of 
the people should temporarily be given support at public 
expense. For many years nearly all the maritime commerce 
of the United States has been carried in foreign vessels. Many 
attempts have been made in Congress to pass a ship subsidy 
bill, to make it possible for domestic capital to enter the 
business and wrest the supremacy from ship owners of other 
nations. Thus far each effort in this direction has met with 
failure, it being the very general opinion among Congressmen 
that American capital invested in ships would yield a good 
return, without Government aid. Capitalists realize how 
strongly intrenched are the foreign interests, and upon this 
basis their plea for subsidies are made. See Land Grants, 

Sub=Treasury, A sub-treasury is a branch of the Treasury 
of the United States, in direct control of the Treasury Depart- 
ment. Sub-treasuries are located in all the largest cities of the 
country, and are offices for the receipt and disbursement of 
Government revenues. Each is in charge of an Assistant 
Treasurer of the United States, appointed by the President, with 
the consent of the Senate. See Treasury Department. 

Succession to the Presidency. See Presidential Succes- 
sion; Disability of the President. 

Suffrage is the right or privilege of voting on public 
questions and for candidates for public office; in general, the 
"right of suffrage" implies the right of a person to participate 
in civil government, without any restrictions except such as are 
imposed upon all other persons, according to laws framed to 
safeguard the interests of the State. Usually only men are 
given the ballot; in some States, however, women enjoy equality 
with men in the political arena. See Qualifications of 
Voters; Citizenship. 



Summary Jurisdiction 624 Supervisor 

Summary Jurisdiction, the jurisdiction permitted a Judge 
to make certain orders upon application of counsel, without the 
formality of a full hearing, or to punish a person for the offense 
known as contempt of court, when the offense was committed 
in the presence of the court. If committed outside the court- 
room a hearing is due the accused person. See Contempt 
OF Court. 

Summons. A summons is a citation issued in writing to a 
defendant in a court action commanding him to appear before 
the court on a stated day and hour. It is issued at the request 
of the plaintiff or his legal representatives. A subpoena [q. v.] 
to appear as a witness is also called a summons. 

Sumptuary Laws. The word sumptuary means to limit 
or regulate expense or expenditure. Therefore, the term 
sumptuary laws refers to those Legislative acts which restrict 
by law private expenditure in directions where it is deemed 
injurious. An example of sumptuary laws are those which 
limit the expenses of citizens in the matter of food, clothing 
and the like. Acts of this nature were very common in ancient 
times and still exist in some countries. In colonial days, before 
the formation of the Federal Government, sumptuary laws were 
in force in nearly all of the colonies, but at present they are 
rarely found on our statute books. Friends of the liquor in- 
terests insist that efforts to regulate the traffic are in the direc- 
tion of sumptuary laws. The custom of the older times is now 
practically reversed; instead of limiting expenditures for neces- 
sities, the modern Legislative act places a tax on luxuries. 

Supervisor, the chief Executive officer of a township, having 
oversight of the public interests of his territory. All of the 
supervisors in a county form the County Board of Supervisors, 
the Legislative body of the county. This body meets usually 
four times each year; it passes appropriation bills for current 
expenses, levies local taxes, receives reports of county officers, 
audits and orders paid all bills against the county, and, in some 
States, has the power of appointing the County Board of 
School Examiners. A supervisor is given compensation for 
each day devoted to the duties of his office. 



Supreme Court 625 Supreme Court 

Supreme Court. The Supreme Court of the United States 
is the highest Judicial tribunal in the republic, and the most 
unique body of its kind in the world. It was established by 
the Constitution (Article III, Section 1) : 

Tiae judicial power of the United States shall be vested in one Supreme 
Court, and in such inferior courts as Congress may from time to time 

ordain and establish 

• 

The Constitution left to Congress the methods of organizing 
the court and of determining the number of inferior courts 
which might from time to time be necessary. The first act of 
Congress on the subject was that of 1789, known as the ''Judi- 
ciary Act." This provided "that the Supreme Court of the 
United States shall consist of a Chief Justice, of five Associate 
Justices, any four of whom shall be a quorum, and shall hold 
annually at the seat of government two sessions, one commenc- 
ing the first Monday of February and the other the first Monday 
of August." 

Attention is called to the fact that in this act of 1789 
members of the court are called Justices, while in the Constitu- 
tion they are simply termed Judges. The feeling in Congress 
was that the officers of this highest tribunal in the United 
States should have titles of dignity and as much as possible 
differing from titles of other Judicial officers. Therefore, 
officially the members of the Supreme Court are Justices, and 
should always be given this distinction. 

From time to time the number of members of the court 
has been increased as the volume of business coming before it 
has expanded. There are at present one Chief Justice and 
eight Associate Justices. When the court was organized in 
1789, the salary of the Chief Justice was placed at $4,000, 
while the Associate Justices were given $3,500. The salaries 
have varied from time to time. In 1907, the compensation 
of the Chief Justice was raised to $13,000 and of the Associate 
Justices to $12,500. 

The members of this court are appointed by the President, 
subject to the approval of the Senate, and they hold office 
during good behavior, which virtually means that it is a life 



Supreme Court 626 Supreme Court 

position. The effect of life tenure is that the Supreme Court 
is independent of other departments of the Government and 
removed from the fluctuations of public opinion and the allure- 
ment of politics. Some men have been appointed to seats on 
the Supreme bench who had previously been political partisans, 
but it must be said to their credit that they have laid aside 
party feeling and have devoted themselves faithfully to the 
discharge of the duties of their high office. The decisions of 
this court have therefore come to be respected not only in our 
own country, but throughout the world, whenever matters 
pending before it have been of interest to foreign Governments. 
The cases over which the Supreme Court has jurisdiction are 
stated in general in the Constitution, a part of which have 
been since delegated to its inferior courts. 

The first Chief Justice, John Jay, gave a brief summary of 
the reasons which prompted the makers of the Constitution to 
classify as they did the cases which should come under the 
jurisdiction of the Supreme Court. He said: 

The judicial power extends to all cases affecting Ambassa- 
dors, other public Ministers, and Consuls; because, as these 
officers are of foreign nations, whom this nation is bound to 
protect and treat according to the laws of nations, cases affecting 
them ought to be cognizable only by National authority: 

To all cases of admiralty and maritime jurisdiction; be- 
cause, as the seas are the joint property of nations, whose 
rights and privileges relative thereto are regulated by the 
laws of nations and treaties, such cases necessarily belong to 
National jurisdiction: 

To controversies to which the United States shall be a 
party; because, in cases in which the whole people are interested, 
it would not be equal or wise to let any one State decide and 
measure out the justice due to others: 

To controversies between two or more States; because 
domestic tranquillity requires that the contentions of States 
should be peacefully terminated by a common judicatory, and 
because, in a free country, justice ought not to depend on the 
will of either of the litigants : 



Surplus 627 Surplus 

To controversies between a State and citizens of another 
State; because, in case a State — that is, all the citizens of it — 
has demands against some citizens of another State, it is better 
that she should prosecute their demands in a National court 
than in a court of the State to which those citizens belong, the 
danger of irritation and criminations arising from apprehensions 
and suspicions of partiality being thereby obviated: 

To controversies between citizens of the same State claim- 
ing lands under grants of different States; because, as the 
rights of the two States to grant the land are drawn into ques- 
tion, neither of the two States ought to decide the controversy: 

To controversies between a State, or the citizens thereof, 
and foreign States, citizens, or subjects; because, as every 
nation is responsible for the conduct of its citizens toward 
other nations, all questions touching the justice due to foreign 
nations or people ought to be ascertained by and depend on 
national authority. 

The names of the jurists who now occupy positions on the 
Supreme Court bench are as follows (1908): 

Chief Justice— Melville W. Fuller, Illinois Appointed 1888 

Justices — John M. Harlan, Kentucky " 1877 

David J. Brewer, Kansas " 1889 

Edward D. White, Louisiana " 1894 

Rufus W. Peckham, New York ' 1895 

Joseph McKenna, California " 1898 

Oliver W. Holmes, Massachusetts " 1902' 

William R. Day, Ohio " 1903 

William H. Moody, Massachusetts " 1906 

For the list of Chief Justices, see Chief Justice. 

Surplus, The. Whatever money remains in the Treasury 
of the United States after all expenses of the Government have 
been paid out of the revenues is called the surplus. Politically, 
it is a matter of sohcitude on the part of law-makers. The ques- 
tion of its disposition becomes important when there are no 
Government bonds which at the moment may be redeemed and 
retired. When such disposition can be made of surplus revenue, 
naturally the National debt is decreased. There is usually 



Surrogate 628 Sweated Money 

political danger in a large and constantly growing excess of 
receipts over expenditures, although such a condition indicates 
general prosperity in business. Congressmen with ambitions 
to achieve distinction at home by securing favors for their dis- 
tricts look upon a Government surplus as a legitimate fund on 
which to draw largely for public improvements. Postoffice 
buildings for small cities and appropriations for making naviga- 
ble various small rivers and harbors are instances illustrating 
the character of bills presented annually to Congress, frequently 
in excess of needs, simply because there is money on hand 
available for whatever use Congress may determine to put it. 
See Appropriations; Rivek and Harbor Bills. 

Surrogate. This is a term, like many others, borrowed 
from English legal practice, and not widely adopted in the 
United States. In some States the surrogate is an officer who 
has jurisdiction of the probate of wills, the administration of 
estates and the oversight of guardianships. Throughout the 
middle and western States, this officer is called Judge of Pro- 
bate [q. V.]. 

Surveyor, one of the officers of every county, whose duty 
it is to survey all public improvements within his territory, 
such as roads and lands for public buildings. He is required 
to preserve all of the records of his work in books provided by 
the county for that purpose. This officer usually has no 
salary, but is paid for actual work done. He adds to this in- 
come by surveying lands for private individuals. He is elected 
with other county officers, usually for a term of two years, 
and is eligible to re-election. 

Sweated Money is gold or silver coin of less than lawful 
weight, the loss being due to the cutting away of small portions 
or to the paring away of the coin on the round edge and re- 
milling, to remove traces of "sweating." The term is applied 
only to short-weight pieces of money which have been mutilated 
for profit; it does not apply to natural loss from friction in hand- 
ling. This latter, in the case of gold coins, is considerable. 
See Uncurrent Money. 



Tammany. Probably the oldest political club or society 
in the United States is Tammany Hall, of New York City. 
It was organized in 1789, and was the outgrowth of the Society 
of St. Tammany; since 1800 it has ruled New York City 
through the political power it has developed. In the begin- 
ning, the aims of the society were laudable, but for many years 
it has not attempted to conceal the fact that it existed merely 
for political power and the spoils of oflEice. Its purpose has been 
accomplished through absolute control of people elected or 
appointed to office in New York City. It has often attempted 
to control the politics of the State of New York, usually without 
success. 

Tariff. The word tariff is derived from the name of 
the Spanish town Tariffa, on the Mediterranean coast. In 
ancient days, it was an independent principality, well fortified 
and inhabited by a strong body of citizens. It was their 
custom to levy a certain charge against all persons or property 
entering the town from competing African territory, and upon all 
persons or property leaving Tariffa for the opposite mainland. 
Eventually these charges, or taxes, of Tariffa came'to be called 
tariffs. 

In our day a tariff is a list or schedule of articles of merchan- 
dise, prepared by authority of the Government, containing 
a statement of the rates of duty to be paid to the Government 
on their importation or exportation. Tariffs are no longer 
levied on exports from any country, except in case of dire local 
necessity. Such action would be occasioned by a famine, when 
all of certain products of the country might be needed for local 
consumption. It would be within the province of the Govern- 
ment then to levy a heavy export tax upon such commodities, 
in order that they might be kept at home. 

In the United States, a large part of the revenue for 
defraying the expenses of the National Government have been 
derived from imposition of tariffs. Sometimes these customs 

629 



Tariff a Local Issue 630 Tariff for Revenue Only 

duties have been unusually high, and frequently low. Usually 
a tariff schedule contains about 4,000 articles upon which duties 
are levied, varying from 5% to more than 100%. The highest 
general percentage was under the McKinley Bill, passed in 1892. 
For general discussion of the various phases of the tariff see 
Protective Tariff; Free Trade; Tariff for Revenue. 
See, also. Customs Duties, Present Schedule. 

Tariff a Local Issue. Possibly no other economic question 
affecting the whole people is such a difficult matter of legis- 
lation as tariff schedules. All laws on the statute books on 
this question necessarily apply without exception to the whole 
country. Discrimination in schedules in one port of entry over 
another would not be tolerated. In the political campaign of 
1880, W. S. Hancock, the Democratic nominee for President of 
the United States, declared that the tariff question should not 
be a National issue; it was a local issue only. He insisted that 
the cotton manufacturers of New England desired tariff laws 
quite different than were requested by other communities. The 
iron manufacturers of Pennsylvania presented arguments in 
favor of high tariffs which met with no favor from other sections 
of the country. The comparison might be extended further. 
It is possible that some day the nation will be able to devise 
means of raising revenue which shall give due recognition to the 
wishes of all parts of the country when revisions of customs 
schedules are necessary. 

Tariff for Revenue Only. Many citizens of the United 
States do not look with favor upon what is known as a high 
tariff, or a protective tariff. They base their opposition to it 
on the ground that American goods do not need the protection 
of a tariff which will raise the price of certain imported articles 
up to the price asked for the same material of domestic manu- 
facture. These opponents of a high tariff are frequently called 
free traders, but that name does not properly apply to them. 
No man who understands the policy of raising revenue in this 
country is an absolute free trader; to remove all customs duties 
would mean the imposition of a heavy capitation tax upon all 
the people, and this would not be tolerated after more than a 



Tariff of Abominations 631 Tax 

hundred years of raising revenue by means which have not so 
intimately affected personal interests. Therefore, advocates of 
a low tariff would frame our customs laws so that revenues 
would be collected only to the extent that they were actually 
needed to defray the expenses of the Government. In many 
political campaigns, the lines have been sharply drawn between 
"protection" and "tariff for revenue only." See Tariff; 
Protection; Free Trade. 

Tariff of Abominations. The first high tariff bill in our 
history was that of 1828. Its provisions for largely increased 
duties gave it the name of the "Tariff of Abominations." The 
South was especially affected, and in that section the opposition 
was most intense. Within four years many reductions in the 
schedules were made. 

Tax. A tax is a compulsory money contribution, levied 
upon persons, property or business for the support of a Govern- 
ment. It is by means of taxation that funds for the support of 
all public, enterprises are secured. In more ways than the aver- 
age person imagines he contributes to the support of the 
National Government; his contributions to his State and local 
Government are direct and specific. The Constitution of the 
United States makes possible the spreading of a direct tax over 
all the people; this is a capitation tax, or a tax of so many 
dollars or cents per head, levied on each man, woman and child 
in the country. We have always avoided the necessity of laying 
such a tax in so general a way, because it naturally would meet 
with intense opposition. The Government therefore usually 
secures its revenue to meet expenses from taxes indirectly 
levied. A very large list of imported articles are subject to 
taxation according to tariff schedules, and upon many articles 
of domestic manufacture revenue is also collected. It is 
hardly correct to say that a tariff is not a tax; naturally the 
man who is obliged to pay one dollar to secure the entry of an 
article through the customhouse will add what he pays in duty 
to the original cost of the article when he sells it. The consumer 
pays this tariff; it is an indirect tax, because the amount of 
the duty is not specifically stated as a part of the cost, and 



Tax 632 Tennessee 

usually the purchaser of such an article does not stop to con- 
sider that a part of the purchase money goes for the support of 
his Government. 

In State and county Government, every tax-payer is 
assessed a certain sum for each division of his Government. 
He pays a tax for the support of his schools, for the support of 
his county and for the general expenses of his township and 
city or village; his tax receipt specifies also a definite amount 
out of his payment which goes into the State treasury for State 
expenses. These are all direct taxes, spread evenly over the 
property of tax-payers. See Tariff; Internal Revenue; 
Customs Duties, Present Schedule. 

Tax, Direct. See Direct Tax. 

Tax, Single. See Single Tax. 

Temperance Movement. See Prohibition Party, Na- 
tional. 

Ten=Forties. See Five-Twenties. 

Tennessee. The present site of Memphis was visited by 
De Soto in 1541. Joliet and Marquette, the Frenchmen, ex- 
plored this section about 1673. The first settlement was made 
by the French about 1714, and forty years later the English 
established Fort Loudon. Great Britain secured by treaty 
with the Indians most of what is now Tennessee for ten thousand 
dollars, and it was opened at once for settlement. In 1780 
a form of government was organized under the name of Tran- 
sylvania, but as Virginia claimed the land, the proposition was 
not sanctioned. In 1784 North Carolina ceded all of her claim 
to what is now Tennessee to the Government. Congress 
accepted this cession, and a Governor was appointed in 1790. 
The capital was then located at Knoxville, but in 1812 it was 
removed to Nashville. The first Territorial Legislature met 
in 1794. The Constitutional Convention was held in February, 
1796, and Tennessee became the sixteenth State of the Union 
on June 1 of that year. 

Government. The first Constitution was succeeded by 
another in 1834, and this in turn gave place to the present 
Constitution, adopted in 1870. It may be amended by two- 



Tenure 



633 



Tenure of Office Act 




STATE SEAL OF TENNESSEE. 



thirds' majority of both Houses of the Legislature, with subse- 
quent ratification by a majority of the votes cast at a popular 
election. An amendment cannot be proposed oftener than 
once in six years. The Legislature is known as the General 
Assembly; it consists of a Senate of 33 members and a House 
of Representatives of 98 members, elected for two years. Ses- 
sions are biennial and are not limited in 
length, except that the members can- 
not draw pay for more than seveny- 
five days. Their compensation for 
that length of time is $4.00 per day 
while in actual attendance or on sick 
leave. They can receive pay for but 
twenty days of any special session of 
the General Assembly. The officers of 
the State are the Governor, Lieutenant- 
Governor, Secretary of State, Treasurer, Comptroller, Adju- 
tant-General, Attorney-General and Superintendent of Public 
Instruction. All are eligible to re-election, although the Gov- 
ernor may serve no more than three successive terms of two 
years each. 

Tenure is possession or control of that which is one's own, 
either permanently, as tenure of lands, or temporarily by com- 
mission of the people, as tenure of office. 

Tenure of Office Act. During the term of office of President 
Andrew Johnson, in 1867, Congress passed an act limiting the 
power of the President to remove public officials from their 
positions. The law was aimed especially at Johnson, whose 
ill-advised quarrels with members of his Cabinet were demoral- 
izing the Executive branch of the Government. The substance 
of the act declared that officers receiving their appointment 
through confirmation by the Senate should hold their positions 
"for and during the term of the President by whom they may 
have been appointed, and for one month thereafter, subject 
to removal only by and with the consent of the Senate." 
President Johnson vetoed the bill, as was expected, but it was 
at once passed again over his veto, and became a law. It ia 
yet in effect. 



Term of Office 634 Territorial Claims- 

Term of Office. The term of an office is the period of 
years during which the incumbent is legally authorized to 
perform the duties of said office, without re-election or re-ap- 
pointment. The Constitution of the United States, in Article 
II, Section 2, Clause 2, provides for the appointment by the 
President, by and with the advice of the Senate, of all Ambas- 
sadors, other public Ministers, Consuls, Justices of the Supreme 
Court, and all other officers of the United States whose appoint- 
ments are not otherwise provided for. Under the old system of 
removal from office, it was well understood that no officer could 
hope to hold his position longer than the four-year term of 
the President through whose favor the appointment was made, 
unless protected by Constitutional or statutory provisions. 
All commissions issued by the President in the civil and diplo- 
matic lists are for four years; except for the best of reasons, no 
officer is required to resign his position until the expiration of. 
his commission. Test cases have not been presented to the 
courts, but it is probable in the event of dismissal, the person 
affected might secure a decree protecting him in his position 
during the term of his commission. It has been decided by the 
Illinois Supreme Court that even appointments to the school 
boards by the Mayor of a city cannot be recalled and the 
appointees dismissed until they have served the full period 
named in their commissions. 

The Civil Service laws of the United States protect more 
than 100,000 subordinate officers of the Government in their 
positions. There is no reason why clerks and other less import- 
ant officers should be removed at the instance of politicians 
upon the advent of new administrations. The Civil Service 
Commission now guarantees to all of these minor officials and 
clerks the permanence of their positions during good behavior 
and as long as they are competent to perform the duties for 
.which they were appointed. See Civil Service; Civil Ser- 
vice Reform. 

Territorial Claims of the Colonies. One of the chief points 
of controversy in the convention which framed the Articles 
of Confederation was the undefined boundary lines of certain 



Territorial Claims — 635 Territorial Claims — 

of the new States. The territorial limits of six States were 
unquestioned — New Hampshire, Rhode Island, -New Jersey, 
Pennsylvania, Delaware and Maryland. In the convention 
these were known as "non-claimant States." On the other 
hand, by provisions in their charters, Massachusetts, Connecti- 
cut, Virginia, and the Carolinas claimed extension westward 
to the Mississippi River. The original claims had extended 
their boundaries to the Pacific Ocean, but the Treaty of 1763, 
closing the Revolutionary War, was already being discussed 
and it was evident that the western boundary would be fixed 
eventually at the Mississippi. Georgia claimed land to the west 
as far as that river, also, as did New York, under pretense of 
alleged acknowledgment of jurisdiction in a treaty made with 
the Indians during colonial days. These seven were called 
the "claimant States." The independence of the new States 
had not yet been officially conceded by Great Britain by treaty, 
and as diplomatic battles had yet to be fought it was contended 
by the "non-claimants" that the great Western country should 
be the joint property of the whole Union. The "claimant 
States" did not care to part with the land, for they expected 
later from its sale sufficient funds to pay their war debts. 
They were strong enough to secure the insertion in the Articles 
of Confederation of a clause declaring that no State should be 
deprived of territory for the benefit of the United States. 
Reluctant consent was given to this proposition after much 
debate. 

New York led the way towards reconciliation by giving a 
discretionary power to her delegates in Congress (February, 
1780) to cede to the Union that portion of her claim west of 
a north and south line drawn through the western extremity 
of Lake Ontario. The other "claimant States" were urged 
by the Congress to follow this example, under a guarantee 
(Sept. 6, 1780) that the lands so ceded should be disposed of 
for the common benefit, and, as they became peopled, should 
be formed into republican States to be admitted into the Union 
as peers of the others. Connecticut offered (Oct. 10, 1780) to 
cede her claims to the region west of Pennsylvania, excepting 



Territorial Qrowth- 



636 



Territorial Growth — 



a broad tract south of Lake Erie, immediately adjoining Penn- 
sylvania. This was afterwards known as' the Connecticut 
Reserve. Virginia ceded to the United States (Dec. 31, 1780) 
all claim to the territory northwest of the Ohio, provided that 
State should be guaranteed the right to the remaining territory 
east of the Mississippi and north of lat. 30° 30' N. The New 
York delegates executed a deed to the United States (March 1, 
1781) of the territory west of the line before mentioned; and 
on the same day the delegates from Maryland, authorized by 
the Assembly immediately after the Virginia cession, signed 
the Articles of Confederation. 

Territorial Growth of the United States. The following 
table gives in compact form the dates of acquisition of new 
territory to the^National domain, the area of new lands, and 
their cost to the Government: 



Acquisition. 



Area in ' 
sq. miles. 



Price 
paid. 



Original territory.. 

Louisiana 

Florida 

Texas 

Bought of Texas. . 
Mexican purchase. 
Gadsden purchase. 

Alaska 

Hawaii 

Porto Rico 

Philippine Islands. 

Guam 

Panama zone 

Wake Island 

Tutuila, Samoa. . . . 
Cagayan de Jolo. . 
Sibutu 



1803 
1819 
1845 
1850 
1848 
1853 
1867 
1898 

1899 

1904 
1899 
1900 

1900 



827,844 
1,182,752 
59,268 
371,063 
96,707 
522,568 
45,535 
590,884 
6,449 
3,600 ) 
114,000 V 
200 i 
400 



$27,267,621 

6,489,768 

Annexed 

16,000,000 

15,000,000 

10,000,000 

7,000,000 

Annexed 

$20,000,000 



70 



Annexed 
Annexed 

100,000 



The easternmost point of the United States mainland is 
West Quoddy headlight, Maine, the longtitude of which is 66 
degrees 57 minutes and 4 seconds west, and the westernmost 
point is Cape Flattery, Washington, which is 124 degrees 44 
minutes and 5 seconds west. The easternmost point of any of 
the United States possessions is Reef point, Culebra, off the 
east coast of Porto Rico, in 65 degrees 13 minutes and 15 
seconds west longitude and the westernmost point is West 
Balabac island in the Philippines, in longitude 116 degrees and 
55 minutes east. When it is sunrise on the coast of Maine it 



Territory 637 Texas 

is sunset of the previous day in the Philippines, so the old saying 
that the sun never sets on British soil is also true of the domain 
of the United States. 

Territory, a political division of the United States, not 
included within the limits of any State and not having been 
admitted into the Union on the footing of a State. Such a 
division or area is organized with a Territorial Government, 
including a Legislature and Territorial Governor and other 
officers, appointed by the President with the consent of the 
Senate. The Legislature is chosen by the people, and this 
body selects a Delegate to represent the Territory in Congress. 
There he may participate in all debates directly affecting the 
Territory, but he has no vote. The field of law-making granted 
to the Legislature is practically as unlimited as that enjoyed 
by any State, but Congress may annual any of its acts. 

There are two general classes of Territories, grouped 
according as their inhabitants are or are not citizens of the 
United States. In the former class are Arizona, New Mexico, 
Alaska and the District of Columbia; in the latter are Hawaii, 
the Philippine Islands, Porto Rico and the Panama Canal 
Strip. See Admission of States to the Union. 

Territory, Cession of. See Cession of Territory. 

Texas. The earliest explorations in the present State 
were made by the Spaniards as early as 1528. Nearly all of 
these came from Mexico, and consequently Texas became a 
dependency of that country, which in turn was owned by Spain. 
In 1821 Mexico secured independence from Spain and estab- 
lished a republic, of which Texas, together with parts of two 
other provinces, became a State. Restrictive measures against 
American immigration to Texas aroused opposition and in 1832 
Texas called a convention, which asked for a separate Govern- 
ment. This was refused, and in 1836 a declaration of inde- 
pendence was framed. There was a short war with Mexico, 
which resulted in the complete independence of Texas and the 
adoption of a Constitution in September of the same year. 
Application was made at once for admission to the Union, and 
this was effected on December 29, 1845. 




Thanksgiving Day 638 Thanksgiving Day 

Government. The Constitution under which admission 
was secured was succeeded by new Constitutions in 1866, 1868 
and 1876. The latter is still in force, although it has been 
amended several times. Amendment is only possible by vote 
of two-thirds of each House of the Legislature, and ratification 
subsequently at a State election. The Legislature consists of 
a Senate of 35 members, elected for four years, and a House of 
Representatives of 108 members, elected for two years. Ses- 
sions are biennial, and for the first sixty days of any session 
members are paid $5.00 per day; 
after sixty days their remuneration is 
reduced to $2 . 00 per day. The officers 
of the State are the Governor, Lieu- 
tenant-Governor, Comptroller, Trea- 
surer, Attorney-General and Com- 
missioner of the General Land Office.. 
These are all elected for two years. 
At the head of the Judicial Depart- s^ate seal of texas. 

ment is the Supreme Court of three 

members, elected for six years. The State is divided into 
Judicial districts, each of which has a Court of Civil Appeals 
with three Justices, whose term is six years; the Court of 
Criminal Appeals, each having three Judges, elected for a like 
period. Every county has a County Judge, and every county 
is divided into four precincts, each of which has a County Com- 
missioner, elected for two years. There are also Justices of the 
Peace. 

Thanksgiving Day. There are numerous holidays in each 
State every year, but only one which is marked by special 
proclamation of the President and State Governors. Thanks- 
giving Day is thus signally recognized. The first recorded 
public thanksgiving appointed by authority, in America, was 
proclaimed in Massachusetts Bay in 1831. Owing to the great 
scarcity of provisions and consequent menace of starvation, 
February 22 was appointed to be observed as a fast-day. Before 
that time a long-expected vessel arrived, laden with provisions, 
and the fast-day was changed into one of thanksgiving. The 



Thanksgiving Day 639 Thanksgiving Day 

practice was sometimes observed in New Netherland. Governor 
Kieft proclaimed a public thanksgiving, to be held in February, 

1644, on account of a victory over the Indians; and again, in 

1645, because of the conclusion of peace. Thanksgivings and 
fasts, sometimes general and sometimes partial, were appointed 
in the several colonies, and early in the Revolutionary War the 
Continental Congress adopted the practice. The days ap- 
pointed during the war were as follows: Thursday, July 20, 
1775; Friday, May 17, 1776; and another, to be fixed by the 
several States, ordered by resolution, December 11, 1776; 
Wednesday, April 22, 1778; Thursday, May 6, 1779; Wednes- 
day, April 6, 1780; Thursday, May 3, 1781; Thursday, April 
25, 1782. These eight appointments of thanksgiving days were 
made by the Continental Congress, in the form of recommenda- 
tions to the Executive heads of the several State Governments, 
reciting the occasion which prompted the observance. With 
only one exception. Congress suspended business on the days 
appointed for thanksgiving. 

Washington issued a proclamation for a general thanks- 
giving by the Continental army on Thursday, December 18, 
1777; and again, at Valley Forge, May 7, 1778. As President, 
Washington appointed Thursday, November 26, 1789, a day 
for general thanksgiving throughout the Union; also Thursday, 
February 19, 1795. Successive Presidents of the United States 
were moved to do likewise, from time to time. The Book of 
Common Prayer, revised (1789) for the use of the Protestant 
Episcopal Church in America, directed the first Thursday of 
November (unless another day be appointed by the civil authori- 
ties) "to be observed as a day of thanksgiving to Almighty God 
for the fruits of the earth," etc. In New England, especially, a 
day of thanksgiving has been annually celebrated for a century 
and more, and made the occasion for family reunions. The 
custom gradually extended to other States, and for more than 
twenty years the President of the United States has annually 
issued a proclamation for a day of public thanksgiving through- 
out the Union — usually the last Thursday in November — and 
the State Executives have chosen the same day, so that the 



Third House 640 Third Term 

custom is now general. Thanksgiving Day is a legal holiday. 
See Legal Holidays. 

Third House. See Lobby. 

Third Term. According to public sentiment which has 
nearly the binding force of a statute, no President of the 
United States may serve more than two terms in that high 
office. There is no provision in the Constitution forbidding 
continuous service for as many terms as re-election can be se- 
cured, but custom to the contrary dates almost from the 
foundation of the Government. George Washington was urged 
to accept a third nomination, which would have been equivalent 
to election, but he positively declined, not only on the ground 
that two terms should be enough to satisfy the proper ambition 
of any man, but because a strong man of military and mon- 
archical tendencies continuously in the President's chair might 
be a menace to the perpetuity of a republican form of govern- 
ment. 

No further effort to give a President a third term was made 
until 1880, when the friends of General Grant endeavored to 
secure for him a third nomination. He had served from 1869 
to 1877; his supporters argued that there should be no opposi- 
tion to the hero of the Civil War, because another President had 
been in office for four years following Grant's two successive 
terms. In the National Convention of the Republicans in 
1880 there were 306 delegates who voted solidly for Grant's 
nomination through dozens of ballots, but they could not secure 
a majority, and James A. Garfield received the nomination. 
The 306 were thereafter known in political history as the 
"Stalwarts." 

Six months after William McKinley entered upon his 
second term his death occurred, and Theodore Roosevelt, then 
Vice-President, became Chief Executive. He served three and 
one-half years and succeeded himself by election for another 
full term. On the evening of that election, in November, 1904, 
he declared to the country that he considered the three and 
one-half years just passed to have constituted his first term, 
and that at the expiration of the term for which on that day 



Tidal Wave 641 Titles of Nobility 

he had been chosen, he would not seek nor accept re-election. 
Great pressure was brought to bear upon him to retract his 
utterance and accept another nomination, which would have 
been his second. His supporters declared with truth that he 
had served only one term of his own, that during the fractional 
part of the term preceding he was only an "accidental Presi- 
dent," bound in honor to carry out the policy of his predecessor. 
He was entitled, they said, to two terms of his own by direct 
choice of the people, during both of which he could develop 
his own policies. However, Mr. Roosevelt insisted that he 
was right in declining the honor, while certain of election in 
the event of acceptance. The conservative policy commend- 
ed by Washington was thus greatly strengthened, and it is 
quite probable that third term agitation has been silenced for 
all time. See Accidental President. 

Tidal Wave. In National or State politics if a party in an 
election overwhelms the opposition, securing by far the greater 
portion of the votes cast, the successful candidates are said 
to ride into office on a tidal wave. Probably the figure is bor- 
rowed from the known force of tidal waves at sea, which over- 
ride every obstacle. 

Tissue Ballots. It was charged that ballots printed on 
tissue paper were once used in some parts of the South, in order 
to deprive negroes of their votes. The thinness of the paper 
made it possible for watchers to see how the colored man 
intended to vote; if he dared to vote contrary to the wishes of 
the white people, on some pretext his right to cast the ballot 
was successfully challenged. 

At one election, at least, in the North, tissue ballots were 
used in a corrupt precinct, to make it possible to fold two 
ballots closely together and be voted by the same individual. 
The Australian ballot system, now in general use, prevents 
almost every variety of election frauds. See Australian 
Ballot, 

Title of the President. See President, Title of the. 
. Titles of Nobility. The Constitution of the United States 
in Article I, Section 9, Clause 8, declares that — 



Toledo War 642 Tonnage Duties 

No title of nobility shall be granted by the United States, and no per- 
son holding any office of profit or trust under them shall, without the 
consent of Congress, accept of any present, emolument, office or title 
of any kind whatever, from any king, prince or foreign State. 

The founders of the Government knew from Old World 
experience that princely titles would be a menace to a republican 
form of government, for they would create undesirable class 
distinctions. Alexander Hamilton, writing in the Federalist 
on this subject, said: 

Nothing need be said to illustrate the importance of the prohibition 
of titles of nobility. This may truly be denominated the corner-stone of 
republican government; for so long as they are excluded there can never 
be serious danger that the Government will be any other than that of the 
people. 

No Government official may exercise his option respecting 
even gifts from foreign officials, if it is believed the tender is in 
behalf of the Governments they serve. Without such restric- 
tions the way would be open to misinterpretation of motives and 
possible bribery; the recipient of unusual favors would at least 
feel himself in some degree indebted to the donor. 

Toledo War. This was one of the controversies over State 
boundaries, and probably no other equaled it in intensity of 
feeling or display of force. In 1835 a dispute of long standing 
between the State of Ohio and the Territory of Michigan came 
up for settlem.ent, because of Michigan's application to Con- 
gress for admission to the Union. Each claimed a large tract 
of land running westward from Lake Erie, upon which Toledo 
was situated. To prevent the other Government from occupy- 
ing the disputed territory each side called out the militia, with 
the result that the President of the United States interfered, to 
prevent bloodshed. A compromise was effected, after Mich- 
igan's Governor had been removed for officiousness, by which 
Ohio was awarded the disputed territory; in return, Michigan 
was given what is now its Northern Peninsula, and was admit- 
ted to statehood. 

Tonnage Duties. A tax called tonnage duties was formerly 
levied upon all vessels entering certain ports, and was computed 
upon the weight, or tonnage, of the vessel. The receipts from 



Torrens System 643 Tory 

such a tax were used to keep the harbor and docks in condition 
to faciUtate commerce. These duties are now levied in many 
foreign countries, but in the United States the Government 
appropriates money to keep its harbors clear. Docks are 
owned by private corporations. See River and Harbor Bill. 
Torrens System, a plan of registration of land titles which 
simplifies the transfer of real estate and renders comparatively 
easy the examination of titles. It was devised by Sir Robert 
Torrens, an Englishman, from whom it derives its name. When 
a person desires to have a deed recorded in a State where the 
Torrens system is in operation, he applies to the County Register 
of Deeds or a specially constituted court, stating the facts 
attending the transfer. A notification is issued to all persons 
who may have any interest in the land in question, and to 
any one claiming to have a lien on the property. This notice 
is personally served upon the interested parties, or if they cannot 
be found, newspaper publication is held legally to serve as a 
notice. The office of registration examines or causes to be 
examined the title of the land covered by the transfer; if there 
are any defects the applicant may remove them, if possible. 
When finally the title is shown to be clear and the officials are 
fully satisfied as to its validity, the transfer is registered. Thus 
the guarantee of a court of record is stamped upon the trans- 
action; the State practically assumes the responsibility of error 
or flaw in title. The Torrens system was first adopted in 
Australia, in 1857; the plan is now in successful operation, also, 
throughout England, and in several States of the American 
Union. 

Tory, a person who, at the time of the American Revolu- 
tion, adhered to the cause of British sovereignty over the col- 
onies. In England the Tory party was the Court party, after 
the accession of King James II; it maintained the prerogatives 
of the Crown to be held by Divine right, up to the Revolution 
of 1688; it opposed the accession of William and Mary, objected 
to the toleration of Dissenters and was against the wars of 
Queen Anne's reign. The Tories heartily supported the policy 
of George III in colonial matters and were therefore pronounced 



To the Victors Belong the Spoils 644 Town 

enemies, rather than poHtical opponents, of the liberty-seeking 
colonists. 

"To the Victors Belong the Spoils." This was the creed in 
American politics which declared that public offices should 
belong always to the party which was victorious at the polls. 
All positions were considered as spoils of politics, to be parcelled 
out to faithful party workers in payment for political services. 
See Spoils System; Civil Service Reform. 

Town. As usually considered, a town is any considerable 
number of occupied dwelling houses, in reasonably close prox- 
imity to each other, as distinguished from the adjacent country. 
The people living under such conditions are usually under their 
own local government, organized in conformity with State laws. 
The officers of such an incorporation are a village or town 
president, clerk, assessor, treasurer, constable, street commis- 
sioner, and a board of trustees of six members, who form the 
local Legislative body. These trustees are chosen for terms 
of two years, one-half retiring each year; the other officers 
are usually elected annually. 

A village which is not incorporated has no separate poli- 
tical existence, but is a part of the township in which it is 
situated. 

In some parts of the United States, particularly in the 
Eastern section, a town is in reality a township, and as such is 
the political unit of the State. In the Western States, the 
county is the pohtical unit. See Township; City. 

The word town was brought from England, where it was 
applied to a single dwelling-house surrounded by a strong hedge 
or fence, tun, zaun, from which the homestead received its name. 
In those early days of feuds and pillages, the strong wall or 
the palisade around the house-lot was as necessary a part of 
the freeman's dwelling as is the roof to the modern temple of 
religion. The thane who possessed many dwellings upon his 
house-lot was not hindered from applying the term town to his 
entire enclosure, and if he were a man of authority and had many 
tenants looking to him for protection, there was no law which 
prevented him from fortifying his home by making a strong 



Town=»Meeting 645 Town=Meeting 

palisade around the entire cluster of dwellings belonging to 
himself and his liegemen and of designating the entire settlement 
a town. 

Town=Meeting, the unit of government in the New England 
colonies; in its operation essentially a pure democracy (see 
Democracy) . Once each year all- the men of a town or village 
met in the "town-meeting," or convention, as we might call it 
today. It was not an assembly of rej^resentatives of the 
people, but, rather, all of the people in a general assembly, each 
with the power to vote and to speak. In the town-meeting the 
taxes for the coming year were voted and all of the affairs of 
the town were discussed and settled. The public servants who 
were to carry out the expressed will of the people were there 
chosen in a free ballot. Naturally, abstract political principles 
were debated and in these numerous forums public sentiment 
was created concerning the rights of men. English officers 
scattered among the colonies came both to hate and to fear these 
annual events; they reported to their home Government that 
the town-meeting was a "focus of rebellion." John Fiske, the 
historian, in his essay on this institution, described it in the 
following brilliant manner : 

Immediately on their arrival in New England the settlers proceeded 
to form for themselves a government as purely democratic as any that 
had ever been seen in the world. Instead of scattering about over the coun- 
try, the requirements of education and of public worship, as well as of 
defence against Indian attacks, obliged them to form small village com- 
munities. As these villages multiplied, the surface of the country came 
to be laid out in small districts (usually from 6 to 10 miles in length and 
breadth) called townships. Each township contained its village, together 
with the woodlands surrounding it. 

From the outset the government of the township was vested in the 
town-meeting. Once in each year a meeting is held, at which every adult 
male residing within the limits of the township is expected to be present, 
and is at liberty to address the meeting or vote upon any question that may 
come up. 

At each annual town-meeting there are chosen not less than three 
or more than nine selectmen, a town clerk, a town treasurer, a school com- 
mittee, assessors of taxes, overseers of the poor, constables, surveyors of 
highways, fence viewers, and other officers. In very small townships 
the selectmen themselves may act as assessors of taxes or overseers of the 



Township 



646 



Township 



poor. The selectmen may appoint police officers if such are required; 
they may act as a board of health; in addition to sundry specific duties 
too numerous to mention here, they have the general superintendence 
of all the public business, save such as is expressly assigned to the other 
officers; and whenever circumstances may seem to require it, they are 
authorized to call a town-meeting. 

Besides choosing executive officers, the town-meeting has the power 
of enacting by-laws, of making appropriations of money for town purposes, 
and of providing for miscellaneous emergencies by what might be termed 
special legislation. 

It is only in New England that the township system is to be found 
in its completeness. In several Southern and Western States the adminis- 
trative unit is the county, and local affairs are managed by county com- 
missioners elected by the people. Elsewhere we find a mixture of the 
county and township systems. In some of the Western States settled by 
the New England people, town-meetings are held, though their powers are 
somewhat less extensive than in New England. 

But something very like the "town-meeting principle" lies at the 
bottom of all the political life of the United States. To maintain vitality 
in the centre without sacrificing it in the parts; to preserve tranquillity 
in the mutual relations of forty powerful States, while keeping the people 
everywhere as far as possible in direct contact with the government, such 
is the political problem which the American union exists for the purpose of 
solving, and of this great truth every American citizen is supposed to have 
some glimmering, however crude. 

Township, a territorial division of a county, with certain 
limited corporate powers of municipal government, ample for 
local purposes. When any portion of the township becomes 
so densely populated that township gov- 
ernment will no longer satisfy its needs, 
that particular portion may separate 
itself in a measure from the township 
and incorporate as a village, or town, 
under rules established by the State. 

By the United States Surveys, ex- 
cept in the States which were originally 
the thirteen colonies, the public lands 
are divided by north-and-south lines 
parallel to the true meridian, and by others crossing them at 
right angles. These intersecting lines enclose areas six miles 
square, and these are called townships. Each township, 



6 

7 


« 


4 
9 


8 

10 


2 
11 


1 
12 


18 
19 


17 


16 
21 


15 
22 


14 

23 


18 
24 


20 


30 
31 


29 
?2 


28 
33 


27 
34 


26 
36 


25 
86 



DIAGRAM OF A REGULARLY 
FORMED TOWNSHIP. 



Trade Dollar 647 Trademark 

when perfect in form, is divided into thirty-six smaller 
squares, each one mile square, called sections, as shown in the 
diagram on page 646. The sections are numbered begin- 
ning in the northeast corner and proceeding west and east, 
alternately. The sections are further divided into half-sections 
(320 acres), quarter-sections (160 acres) and thus down into 
smaller areas. 

The officers of a township are the supervisor, or trustee, 
clerk, treasurer, assessor, justices of the peace (of whom there 
may be four), constables, and board of education, all chosen 
by the people for one year, except members of the school 
board, whose terms are three years, and justices of the peace, 
who hold office for four years, one retiring each year. See 
Supervisor; Town; Public Lands. 

Trade Dollar. The standard silver dollar of the United 
States contains 412| grains of silver, .900 fine. To supply the 
demand for a dollar which could be used by merchants in foreign 
trade and meet on equal terms the Mexican silver dollar of 420 
grains. Congress in 1873 authorized the coinage of trade dollars 
of the same weight and fineness as the Mexican. These were not 
intended for domestic use, but being stamped "dollar" they 
circulated quite freely, although not a legal tender for payments 
greater than five dollars. In 1878 even this limited legal tender 
was withdrawn and thereafter until 1887 the trade dollar was 
used only for export, in conformity with the original intent of 
the law. In the latter year its coinage was suspended. 

Trademark. A trademark is any symbol, name, mark, or 
other characteristic indication used on a manufactured article 
to distinguish it from any similar article made and sold by com- 
petitors. An act of Congress of 1870 provides that trademarks 
may be registered in the Patent Office by any person, firm or 
corporation, and protection in the sole use of the symbol or 
name guaranteed for a term of thirty years. To obtain and hold 
this protection the mark must be in actual use, which means 
that it must be printed or stamped upon goods or upon wrappers 
containing goods, so that the public may see that the articles 
thus stamped are those of a particular trader. The trademark 



Trading Votes 648 Traitor 

then becomes a part of the good-will of the business of the owner; 
in many cases this good will and Government protection have 
been worth millions of dollars to the owner. Protection thus 
afforded is at once a matter of justice to the producer and a 
benefit to the public. Certain trademarks have come to be 
recognized as a standard of excellence in the classes of articles 
they represent. 

The fee for a trademark is $25, payable upon application 
for registration. Aliens may register their products in the 
United States and protection is guaranteed them by our courts, 
provided similar privileges are granted our citizens in the 
countries of which such aliens are subjects. Registration for 
a second term of thirty years is not permitted. 

Trading Votes. It is quite possible for two people to agree 
to vote for each other's candidates at an election, as a matter 
of courtesy, without disloyalty to party or principles. How- 
ever, it often happens that an entire political organization, or 
faction of it, withholds its support from one of its own nominees 
and works for an opponent on another ticket. This is said to 
be "trading" its candidate, for the friends of the candidate 
benefited usually agree in turn to "knife" one of their nominees 
and compliment a certain opponent with their votes. The 
success of certain men on a ticket is thus assured through the 
abandonment of the remainder. Such practices are not uncom- 
mon, although not always sanctioned by justice or good morals. 
See Knifing. 

Traitor. A traitor is a person of sound mind, within the 
meaning of the law, who violates his allegiance to his country 
and betrays it to its enemies. Such a person is guilty of treason 
[q. v.] and is punished in accordance with the laws governing 
that gravest of crimes. 

The First Traitor. Since the American colonies proclaimed 
their independence, Benedict Arnold is considered the greatest 
traitor whose deeds have darkened the records of our public 
men. But he was not the first to conspire with the enemies of 
the new Government. In 1774 Dr. Benjamin Church, of 
Massachusetts, while proclaiming sympathy with the move- 



Treason 649 Treason 

merit towards independence, secretly gave assistance in all 
possible ways to the British. He parodied popular songs in 
favor of liberty and gave them to Tory [q. v.] newspapers; in 
1775 a letter in cipher written by him to the English com- 
mander in Boston was intercepted in the hands of his mistress. 
The case was laid before the Continental Congress and resulted 
in Church's arrest and trial on the charge of engaging in cor- 
respondence with the enemy. He was imprisoned for over a 
year, then released on account of failing health, agreeing in 
return for his freedom to leave the country. He sailed for the 
West Indies. 

Treason. The best definition of treason is contained in 
Article III, Section 3, of the Constitution of the United States: 

Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 

Treason is the gravest crime of which the mind can con- 
ceive. One man may kill another, but the effects of the crime 
are limited and local. However, the man who wilfully surren- 
ders any knowledge favorable to his country to its avowed 
enemies jeopardizes the peace and prosperity of all its citizens. 
In ancient times such an act might also have put in jeopardy 
the very lives of all his fellow-subjects. 

The definition is broad. It covers not only an act of 
surrender of property of the Government, but includes any 
comparatively simple act of lending aid or comfort to any who 
are openly opposed to the Government. To constitute "levying 
war" there must be an assemblage of persons for the purpose of 
effecting by force some treasonable design, such as an attempt 
to revolutionize the Government of the United States, or any 
Government established by Federal authority in its Territories. 
Mere conspiracy [q. v.] cannot be called treason, and it has also 
been held that rebels engaged in an armed insurrection against 



Treasurer 650 Treasury 

the United States cannot be convicted for "adhering to the 
enemies," since all involved are citizens, and because their act 
is solely connected with their own Government. 

Should these same rebels add to such conduct a union with 
foreign interests, then they would be guilty of treason. When 
war is actually levied, all who perform acts hostile to the inter- 
ests of their Government, whatever the outcome, or no matter 
how remote they may be from scenes of action, are traitors. 
See Attainder. 

Treasurer. Whether in the National Government or in 
State, county, township or other political or civic division, the 
treasurer is that official who receives public revenues of his 
territory, carefully guards them in accordance with ways and 
means provided by law, and pays out of these funds such sums 
as may be ordered by proper authorities — usually a board of 
auditors. A treasurer must give a bond to indemnify the public 
against loss of funds through negligence or dishonesty; amount 
of surety required is proportionate to the average funds in his 
possession, but seldom less than double the usual cash balance 
on hand. State and county treasurers usually serve for terms 
of two years, and are eligible to not more than two successive 
terms. See Auditor. 

Treasury, Secretary op the. The Secretary of the Treas- 
ury was named as the head of the Treasury Department and one 
of the Executive officers of the Government in the act which 
provided for the organization of the Treasury Department, in 
1789. He is assisted by a Comptroller, an Auditor, a Treasurer 
of the United States, a Register of the Treasury, and the Assist- 
ant to the Secretary. The chief duty of the Secretary person- 
ally is to prepare plans for the management of revenue and 
improvement in the revenue service; he must superintend the 
collection of all money due the Government and determine upon 
the plan of keeping accounts; he issues, with the counter- 
signatures of the Comptroller and Register, all warrants for 
money to be paid from the Treasury according to appropriations 
made by Congress. The Secretary of the Treasury is in power 
the third officer of the President's Cabinet, being exceeded in 



Treasury 



651 



Treasury 



importance by the Secretary of State and the Secretary of War. 
It is a matter of doubt whether the Secretary of War should be 
accorded second place in influence. 

The salary of the Secretary from the beginning of the 
Government has varied as follows: Upon the organization of 
the department in 1789, $3,500; the next year, $5,000; in 1819, 
$6,000; in 1853, $8,000; in 1873, $10,000; in 1874, $8,000; 
in 1907, $12,000. The names of those who have served as 
Secretaries of the Treasury are given in the subjoined list: 



Secretaries of the Treasury. 



Alexander Hamilton, 
Oliver Wolcott, 
Samuel Dexter, 
Albert Gallatin, 
George W. Campbell, 
Alexander J. Dallas, 
William H. Crawford, 
Richard Rush, 
Samuel D. Ingham, 
Louis McLane, 
William J. Duane, 
Roger B. Taney, 
Levi Woodbury, 
Thomas Ewing, 
Walter Forward, 
John C. Spencer, 
George M. Bibb, 
Robert J. Walker, 
William M. Meredith, 
Thomas Corwin, 
James Guthrie, 
Howell Cobb, 
Philip F. Thomas, 
John A. Dix, 
Salmon P. Chase, 
William P. Fessenden, 
Hugh McCulloch, 
Alexander T. Stewart, 
George S. Boutwell, 
William A. Richardson, 
Benjamin H. Bristow, 



New York, 

Connecticut, 

Massachusetts, 

Pennsylvania, 

Tennessee, 

Pennsylvania, 

Georgia, 

Pennsylvania, 

Pennsylvania, 

Delaware, 

Pennsylvania, 

Maryland, 

New Hampshire, 

Ohio, 

Pennsylvania, 

New York, 

Kentucky, 

Mississippi, 

Pennsylvania, 

Ohio, 

Kentucky, 

Georgia, 

Maryland, 

New York, 

Ohio, 

Maine, 

Indiana, 

New York, 

Massachusetts, 

Massachusetts, 

Kentucky, 



Appointed Sept. 11, 1789. 
Feb. 3, 1795. 
Dec. 31, 1800. 
May 14, 1801. 
Feb. 9, 1814. 
Oct. 6, 1814. 
Oct. 22, 1816. 
March 7, 1825. 
March 6, 1829. 
Aug. 8, 1831. 
May 29, 1833. 
Sept. 23, 1833. 
June 27, 1834. 
March 5, 1841. 
Sept. 13, 1841. 
March 3, 1843. 
June 15, 1844. 
March 5, 1845. 
March 8, 1849. 
July 23, 1850. 
March 7, 1853. 
March 6, 1857. 
Dec. 12, 1860. 
Jan. 11, 1861. 
March 7, 1861. 
July 1, 1864. 
March 7, 1865. 
March 5, 1869. 
March 11, 1869. 
March 17, 1873. 
June 4, 1874. 



Treasury Department 


652 


Treasury Department 


Lot M. Morrill, 


Maine, 


Appointed July 7, 1876. 


John Sherman, 


Ohio, 




March 8, 1877. 


William Windom, 


Minnesota, 


It 


March 5, 1881. 


Charles J. Folger, 


New York, 


It 


Oct. 27, 1881. 


Walter Q. Gresham, 


Indiana, 




Sept. 24, 1884. 


Hugh McCulloch, 


Indiana, 




Oct. 28, 1884. 


Daniel Manning, 


New York, 




March 6, 1885. 


Charles S. Fairchild, 


New York, 




March 31, 1887. 


William Windom, 


Minnesota, 




March 5, 1889, 


Charles Foster, 


Ohio, 




Feb. 24, 1891. 


John G. Carlisle, 


Kentucky, 




March 6, 1893. 


Lyman J. Gage, 


Illinois, 




March 4, 1897. 


Leslie M. Shaw, 


Iowa, 




Jan. 7, 1902. 


George B. Cortelyou, 


New York, 




Dec. 13, 1906. 















Treasury Department. One of the earliest departments to 
be established under the Continental Congress was that of the 
Treasury, whose chief officer was styled the Superintendent of 
Finance. Upon the adoption of the Constitution of the United 
States, the Treasury Department came into existence. Its 
head is the Secretary of the Treasury. The act establishing 
this great division of the Executive Department provided for 
officers inferior to the Secretary of the Treasury as follows: 
a Comptroller, Auditor, Treasurer of the United States, Register 
of the Treasury, and an Assistant to the Secretary, The 
Comptroller [q. v.] decides appeals from the settlement of ac- 
counts as made by the Auditors; he is the one man in the Gov- 
ernment who stands between the Treasury and those who would 
secure money from it. He is nearly an autocrat in power. 
The Comptroller superintends the recovery of debts due to the 
United States, preserves the accounts after they are adjusted, 
and countersigns all warrants drawn by the Secretary of the 
Treasury. The auditors are six in number — one for the Treas- 
ury Department, one each for the War, Interior, Navy, Post- 
office, and the last for the other departments. These auditors 
examine all accounts in the various departments over which 
their supervision extends. 



Treasury Notes 6,53 Treaty 

The Treasurer of the United States receives and keeps all 
moneys of the Federal Government and disburses it upon 
warrants drawn by the Secretary of the Treasury, countersigned 
by the Comptroller, and recorded by the Register. The 
Register of the Treasury signs all stocks and bonds of the 
United States and superintends their issue. He signs all 
Treasury notes and gold and silver certificates, receives, ex- 
amines and registers all redeemed notes and other securities. 
The Bureau of Internal Revenue, the Mint of the United States 
and the Bureau of Engraving and Printing are under the 
direction of the Treasury Department. See Secretary of 
THE Treasury; I>^ternal Revenue. 

Treasury Notes. Congress is authorized, in Article I, 
Section 8, Clause 2, of the Constitution, "to borrow money on 
the credit of the United States." A portion of the public 
debt is in the form of notes issued under the authority conveyed 
in this clause. These notes are called Treasury notes, or 
"legal tenders." They were not made legal tender, however, 
until 1862; previous to that date they were receivable only 
for debts with which the general Government was concerned. 
In February, 1862, Congress provided that Treasury notes 
should thereafter be "lawful money and a legal tender in pay- 
ment of all debts, public and private, except duties on imports 
and interest on the bonds and notes of the United States." 
See Legal Tender; Money. 

Treaty. A treaty is a formal agreement or compact, 
entered into usually for a specified number of years between 
two or more nations, called in the body of the document the 
signatory powers. In the United States, the power to make 
a treaty with a foreign country is vested in the President, but 
his work must receive the sanction of the Senate, and no treaty 
can become effective unless the Senate ratifies it by a vote of 
two-thirds of its membership. Usually the President in person 
does not participate in the discussions with the representative 
of the foreign power involved; the negotiations are carried on 
between the Secretary of State and the Ambassador or Minister 
of the other country. It is only after their work is completed 



Treaty with Spain 654 Treaty with Spain 

that the document is presented to the Senate for approval. 
When a treaty has been ratified, it becomes the supreme law 
of the land, as affecting the relations of the two countries 
involved, anything to the contrary in the laws of the United 
States or of any State notwithstanding. A treaty may super- 
sede State laws within the sphere of action specifically reserved 
to the States, except that it cannot encroach upon the individual 
liberty of any citizen, which is guaranteed by the Constitution. 
In case a treaty is returned to the President by the Senate 
without its approval, but with suggested amendments, it is 
within the power of the President to proceed to further negotia- 
tions with the foreign power involved, or he may drop the 
matter entirely. In case he resorts to the latter expedient, 
neither the Senate nor any other authority has the power to 
revive the question. 

Treaty with Spain. The student of civil government 
should be interested in the form of treaties between sovereign 
States, as well as in their subject-matter. Any good history 
of the United States gives detailed information regarding all 
treaties to which this country has been a party; none gives 
any treaty verbatim. Below is the full text of the Treaty 
of Paris of 1898, closing the Spanish-American War; it is chosen 
to appear here because the events preceding it are of most 
recent occurrence in our international relations of this nature, 
and, besides, its provisions have a direct bearing upon our 
present government of the island possessions which Spain 
relinquished to us. 

"The United States of America and her Majesty the Queen Regent 
of Spain, in the name of her august son, Don Alfonso XIII, desiring to 
end the state of war now existing between the two countries, have for that 
purpose appointed as plenipotentiaries: 

"The President of the United States: 

"William R. Day, Cushman K. Davis, William P. Frye, George Gray, 
and Whitelaw Reid, citizens of the United States. 

"And her Majesty the Queen Regent of Spain: 

"Don Eugenio Montero Rios, president of the Senate; Don Buena- 
ventura de Abarzuza, Senator of the kingdom and ex-minister of the 
crown; Don Jose de Garnica, deputy to the Cortes and associate justice 



Treaty with Spain 655 Treaty with Spain 

of the Supreme Court; Don Wenceslao Ramirez de Villa Urrutia, envoy- 
extraordinary and minister plenipotentiary at Brussels, and Don Rafael 
Cerero, General of Division. 

"Who, having assembled in Paris and having exchanged their full 
powers, which were found to be in due and proper form, have, after discus- 
sion of the matters before them, agreed upon the following articles : 

"Article 1. Spain relinquishes all claim of sovereignty over and title 
to Cuba. 

"And as the island is, upon its evacuation by Spain, to be occupied 
by the United States, the United States will, so long as such occupation 
shall last, assume and discharge the obligations that may under inter- 
national law result from the fact of its occupation for the protection of life 
and property. 

"Art. 2. Spain cedes to the United States the island of Porto Rico 
and other islands now under Spanish sovereignty in the West Indies, and 
the island of Guam, in the Mariannes or Ladrones. 

"Art. 3. Spain cedes to the United States the archipelago known 
as the Philippine Islands, and comprehending the islands lying within the 
following lines : 

' ' A line running from west to east along or near the twentieth parallel 
of north latitude, and through the middle of the navigable channel of 
Bachti, from the one hundred and eighteenth to the one hundred and 
twenty-seventh degree, meridian of longitude east of Greenwich, thence 
along the one hundred and twenty-seventh degree meridian of longitude 
east of Greenwich to the parallel of four degrees and forty-five minutes 
north latitude, thence along the parallel of four degrees and forty-five 
minutes north latitude to its intersection with the meridian of longitude 
one hundred and nineteen degrees and thirty-five minutes east of Green- 
wich, thence along the meridian of longitude one hundred and nineteen 
degrees and thirty-five minutes east of Greenwich to the parallel of latitude 
seven degrees and forty minutes north, thence along the parallel of latitude 
seven degrees and forty minutes north to its intersection with the one 
hundred and sixteenth degree meridian of longitude east of Greenwich, 
thence by a direct line to the intersection of the tenth degree parallel of 
north latitude with the one hundred and eighteenth degree meridian of 
longitude east of Greenwich, and thence along the one hundred and 
eighteenth degree meridian of longitude east of Greenwich to the point of 
beginning. 

"The United States will pay to Spain the sum of $20,000,000 within 
three months after the exchange of the ratifications of the present treaty. 

"Art. 4. The United States will, for ten years from the date of 
exchange of ratifications of the present treaty, admit Spanish ships and 
merchandise to the ports of the Philippine Islands on the same terms as 
ships and merchandise of the United States. 



Treaty with Spain 656 Treaty with Spain 



"Art. 5. The United States will, upon the signature of the present 
treaty" send back to Spain, at its own cost, the Spanish soldiers taken as 
prisoners of war on the capture of Manila by the American forces. The 
arms of the soldiers in question shall be restored to them. 

"Spain will, upon the exchange of the ratifications of the present 
treaty, proceed to evacuate the Philippines, as well as the island of Guam, 
on terms similar to those agreed upon by the commissioners appointed to 
arrange for the evacuation of Porto Rico and other islands in the West 
Indies under the protocol of August 12, 1898, which is to continue in force 
till its provisions are completely executed. 

"The time within which the evacuation of the Philippine Islands and 
Guam shall be completed shall be fixed by the two governments. Stands 
of colors, uncaptured war-vessels, small-arms, guns of all calibres, with 
their carriages and accessories, powder, ammunition, live-stock, and mate- 
rials and supplies of all kinds belonging to the land and naval forces of Spain 
in the Philippines and Guam, remain the property of Spain. Pieces of 
heavy ordnance, exclusive of field artillery, in the fortifications and coast 
defences, shall remain in their emplacements for the term of six months, 
to be reckoned from the exchange of ratifications of the treaty; and the 
United States may in the mean time purchase such material from Spain 
if a satisfactory agreement between the two governments on the subject 
shall be reached. 

"Art. 6. Spain will, upon the signature of the present treaty, release 
all prisoners of war and all persons detained or imprisoned for political 
offences in connection with the insurrections in Cuba and the Philippines 
and the war with the United States. 

"Reciprocally the United States will release all persons made prisoners 
of war by the American forces, and will undertake to obtain the release 
of all Spanish prisoners in the hands of the insurgents in Cuba and the 
Philippines. 

"The government of the United States will at its own cost return 
to Spain, and the government of Spain will at its own cost return to the 
United States, Cuba, Porto Rico, and the Philippines, according to the 
situation of their respective homes, prisoners released or caused to be 
released by them, respectively, under this article. 

"Art. 7. The United States and Spain mutually relinquish all claims 
for indemnity, national and individual, of every kind, of either government, 
or of its citizens or subjects, against the other government which may have 
arisen since the beginning of the late insurrection in Cuba and prior to the 
exchange of ratifications of the present treaty, including all claims for 
indemnity for the cost of the war. The United States will adjudicate and 
settle the claims of its citizens against Spain relinquished in this article. 

"Art. 8. In conformity with the provisions of Arts. 1, 2, and 3 o£ this 
treaty, Spain relinquishes in Cuba and cedes in Porto Rico and other 
islands in the West Indies, in the island of Guam, and in the Philippine 



Treaty with Spain 657 Treaty with Spain 

Archipelago all the buildings, wharves, barracks, forts, structures, public 
highways, and other immovable property which in conformity with law 
belong to the public domain and as such belong to the crown of Spain. 

"And it is hereby declared that the relinquishment or cession, as the 
case may be, to which the preceding paragraph refers, cannot in any 
respect impair the property or rights which by law belong to the peaceful 
possession of property of all kinds of provinces, municipalities, public or 
private establishments, ecclesiastical or civic bodies, or any other associa- 
tions having legal capacity to acquire and possess property in the aforesaid 
territories, renounced or ceded, or of private individuals, of whatsoever 
nationality such individuals may be. 

"The aforesaid relinquishment or cession, as the case may be, includes 
all documents exclusively referring to the sovereignty relinquished or 
ceded that may exist in the archives of the peninsula. Where any docu- 
ment in such archives only in part relates to said sovereignty, a copy 
of such part will be furnished whenever it shall be requested. Like rules 
shall be reciprocally observed in favor of Spain in respect of documents 
in the archives of the islands above referred to. 

"In the aforesaid relinquishment or cession, as the case may be, are 
also included such rights as the crown of Spain and its authorities possess 
in respect of the official archives and records, executive as well as judicial, 
in the islands above referred to, which relate to said islands or the rights 
and property of their inhabitants. Such archives and records shall be 
carefully preserved, and private persons shall,without distinction, have the 
right to require, in accordance with the law, authenticated copies of the 
contracts, wills, and other instruments forming part of notarial protocols 
or files, or which may be contained in the executive or judicial archives, be 
the latter in Spain or in the islands aforesaid. 

"Art. 9. Spanish subjects, natives of the peninsula, residing in the 
territory over which Spain by the present treaty relinquishes or cedes her 
sovereignty, may remain in such territory or may remove therefrom, 
retaining in either event all their rights of property, including the right 
to sell or dispose of such property or of its proceeds; and they shall also 
have the right to carry on their industry, commerce, and professions, being 
subject in respect thereof to such laws as are applicable to other foreigners. 
In case they remain in the territory they may preserve their allegiance to 
the crown of Spain by making, before a court of record, within a year 
from the date of the exchange of ratifications of this treaty, a declaration 
of their decision to preserve such allegiance ; in default of which declaration 
they shall be held to have renounced it and to have adopted the nationality 
of the territory in which they may reside. 

"The civil rights and political status of the native inhabitants of the 
territories hereby ceded to the United States shall be determined by the 
Congress. 



Treaty with Spain 658 Treaty with Spain 

"Art. 10. The inhabitants of the territories over which Spain relin- 
quishes or cedes her sovereignty shall be secured in the free exercise of their 
religion. 

"Art. 11. The Spaniards residing in the territories over which Spain by 
this treaty cedes or relinquishes her sovereignty shall be subject in matters 
civil as well as criminal to the jurisdiction of the courts of the country 
wherein they reside, pursuant to the ordinary laws governing the same; 
and they shall have the right to appear before such courts and to pursue 
the same course as citizens of the country to which the courts belong. 

"Art. 12. Judicial proceedings pending at the time of the exchange 
of ratifications of this treaty in the territories over which Spain relinquishes 
or cedes her sovereignty shall be determined according to the following 
rules : 

"First. Judgments rendered either in civil suits between private 
individuals, or in criminal matters, before the date mentioned, and with 
respect to which there is no recourse or right of review under the Spanish 
law, shall be deemed to be final, and shall be executed in due form by 
competent authority in the territory within which such judgments should 
be carried out. 

"Second. Civil suits between private individuals which may on the 
date mentioned be undetermined shall be prosecuted to judgment before 
the court in which they may then be pending, or in the court that may 
be substituted therefor. 

"Third. Criminal actions pending on the date mentioned before the 
Supreme Court of Spain against citizens of the territory which by this 
treaty ceases to be Spanish shall continue under its jurisdiction until final 
judgment; but, such judgment having been rendered, the execution 
thereof shall be committed to the competent authority of the place in which 
the case arose. 

"Art. 13. The rights of property secured by copyrights and patents 
acquired by Spaniards in the island of Cuba, and in Porto Rico, the Philip- 
pines, and other ceded territories, at the time of the exchange of the 
ratifications of this treaty, shall continue to be respected. Spanish scienti- 
fic, literary, and artistic works not subversive of public order in the terri- 
tories in question shall continue to be admitted free of duty into such 
territories for tlie period of ten years, to be reckoned from the date of the 
exchange of the ratifications of this treaty. 

"Art. 14. Spain shall have the power to establish consular officers in 
the ports and places of the territories the sovereignty over which has either 
been relinquished or ceded by the present treaty. 

"Art. 15. The government of each country will, for the term of ten 
years, accord to the merchant vessels of the other country the same treat- 
ment in respect to all port charges, including entrance and clearance dues, 
light dues, and tonnage duties, as it accords to its own merchant vessels 
not engaged in the coastwise trade. 



Trent Affair G59 Trial by Jury 

"This article may at any time be terminated on six montiis' notice 
given by either government to the other. 

"Art. 16. It is understood that any obligations assumed in this treaty 
by the United States with respect to Cuba are limited to the time of its 
occupancy thereof; but it will upon the termination of such occupancy 
advise any government established in the island to assume the same 
obligations. 

"Art. 17. The present treaty shall be ratified by the President of the 
United States, by and with the advice and consent of the Senate thereof, 
and by her Majesty the Queen Regent of Spain ; and the ratifications shall 
be exchanged at Washington within six months from the date hereof, or 
earlier if possible. 

"In faith whereof we, the respective plenipotentiaries, have signed 
this treaty and have hereunto affixed our seals. 

"Done in duplicate at Paris, the tenth day of December, in the year 
of our Lord one thousand eight hundred and ninety-eight." 

(Seal.) 
"William R. Day, "Eugenio Monteko Rios, 

"CusHMAN K. Davis, "B. de Abarzuza, 

"William P. Frye, "J. de Garnica, 

"George Gray, "W. R. de Villa Urrutia, 

"Whitelaw Reid. "Rafael Cerero." 

Trent Affair. See Mason and Slidell. 

Trial by Jury. The origin of the present world-wide 
system of trial by jury can be traced to the days of ancient 
Greece and Rome. History cites a custom in Athens whereby 
a specified number of freemen were chosen by lot to hear and 
decide, under the direction of a presiding magistrate, every 
case at law. A very similar system existed in Rome, and as 
Roman customs were extended to all conquered territory, a 
jury system was carried to nearly all of the ancient world. It 
reached Britain through this influence, but the Saxons on the 
island possessed a mode of their own called trial by compurga- 
tion. In this, each party to the cause appeared, with certain 
of his friends, who swore to the truth of his case. Usually the 
number of compurgators on a side was six, making twelve men 
to weigh the issues, and many investigators believe this marked 
the introduction of the modern jury of twelve men. Further 
witnesses were allowed to be introduced into a case during the 
reign of Edward III; in the reign of Queen Anne it was decreed 



Triple-Headed Monster 660 , Trusts 

that thereafter any person having evidence to give could not 
be a juryman. The form of trial by jury was brought from 
England to the American colonies; it was recognized as one of 
the safeguards of liberty, prized especially by Englishmen 
since Magna Charta was wrested from an unwilling sovereign. 
The Constitution of the United States and all State Constitu- 
tions specifically declare that no person accused of crime shall 
be deprived of his liberty without due process of law, the 
merits of his case to be established by a public and speedy 
trial before a jury of his peers. In a civil case the defendant 
is entitled to a jury trial if the amount at issue is twenty dollars 
or over. See Jury; Magna Charta; Peer; Venue. 

Triple=Headed Monster. This name was applied by its 
enemies to the Constitution of the United States while it was 
before the people of the thirteen States for ratification. The 
allusion is to its division of the Government into the three 
main departments — Executive, Legislative and Judicial. 

True Bill. The decision of a grand jury, in writing, relative 
to a case in hearing before it, is called a bill. If the jury finds 
sufficient evidence to warrant holding the accused to the courts 
for trial in regular order, its finding is called a true bill, and it 
is composed of one or more counts, each count specifying a 
particular alleged violation of the law. If its investigation 
develops insufficient evidence to warrant holding the accused 
for trial, the finding is "no bill." See Grand Jury. 

Trustee. In the government of a village, the power to 
enact legislation appropriate to the needs of the municipality 
is vested in a Board of Trustees, usually of six members. The 
trustees serve for two years, one-half of the number retiring 
every year. The chief Executive officer of the village, the 
president, is chairman of the Board of Trustees. These officers 
almost invariably serve without' remuneration. In some States 
the people of a county elect three Trustees, who have super- 
vision over all Executive matters within their territory. These 
compare with the Board of Supervisors of other States. 

Trusts. As commonly understood, a trust is a permanent 
combination of several business enterprises, in number sufficient 



Twisting the Lion's Tail 661 Twisting the Lion's Tail 

to represent a majority of those producing a given commodity. 
The object of such an organization is manifestly to control the 
production and price of its manufactured articles, or in case of 
a combination of traction lines, to dominate the territory 
affected, in the matter of rates and service. A single business 
enterprise, no matter how large or how great its output, which 
has all of its plant located in one place, under one business 
management, cannot be called a trust; it is likewise true that 
a single business comprising a number of separately located 
establishments or branches is not a trust. The term had its 
origin in the form of organization adopted in 1882, to combine 
the interests of competing producers of oil. The stockholders 
of all the corporations which were parties to the agreement 
placed all their shares of stock in the hands of trustees and 
received in exchange trust certificates. These trustees had 
absolute power of voting the stock that was placed in their 
hands, and were therefore able to control the policy of each 
corporation which entered into the agreement. These gigantic 
combinations of capital have been the subject of much legisla- 
tion, and anti-trust laws have been passed, not only by Con- 
gress, but by many of the State Legislatures. 

Twisting the Lion's Tail. The sovereign power of Great 
Britain is represented pictorially by a lion, symbolical of great 
prowess. Many things in the political history of that country 
have been the subject of criticism by Americans, and not a 
few persons in public life, possibly more to gratify a constituency 
largely of foreign birth than for any other reason, lose no 
opportunity to voice their disapproval of England's political 
policies. This pastime has been referred to as "twisting the 
lion's tail" to hear him roar. 



u 



Uncle Sam. The pictorial representation of the personified 
United States is a tall, lank, benignant middle-aged man, of 
Yankee characteristics, dressed in the prevailing style of the 
early nineteenth century. His clothing is in pattern a com- 
bination of the Stars and Stripes. This caricature is familiarly 
known to every American as "Uncle Sam." The name origi- 
nated in a very unromantic way during the War of 1812. Two 
inspectors of provisions purchased for the army at Troy, N. Y., 
were Ebeneezer and Samuel Wilson, employed by the army 
contractor, Elbert Anderson. To Samuel Wilson, called 
"Uncle Sam" by all who knew him, was entrusted the dut}^ of 
placing marks of acceptance upon all packages approved for 
purchase. The usual marks were "E. A." and "U. S.", the 
former the initials of the contractor, placed above the second, 
which meant "United States." A facetious workman, witness- 
ing Samuel Anderson in the act of marking these letters upon 
a box, said they might stand for Ebeneezer Anderson and 
Uncle Sam Wilson. The pleasantry was soon current com- 
ment, and the connection between "Uncle Sam" and the United 
States was established. When an artist, now unknown to fame, 
offered his pictorial interpretation of the name, it was immedi- 
ately and enthusiastically accepted. 

Uncurrent Money is legal tender, either gold or silver, 
which has been so worn by handling or mutilated by sweating 
as to be difficult to identify or below lawful weight. The 
Government will redeem a piece of paper money whenever its 
face value can be established; short- weight coin will only be 
accepted at the Treasury at its actual value, ascertained by 
weight. See Sweated Money. 

Underground Railroad. During the days preceding the 
Civil War and up to the date of the Proclamation of Emancipa- 
tion, Northern sympathizers with the negro bondmen 
maintained a system to aid slaves to freedom, by piloting 
them through the Northern States into Canada, where they 

662 



Under=Measurement 663 United States Bank 

would be safe. Negroes who succeeded in reaching the Ohio 
River were met at stated points by friendly whites and given 
directions for night travel to the next stopping place, which 
could be reached before dawn. During the day they were 
secreted and at night started on another portion of their jour- 
ney. So secretly were the means of escape guarded and so 
swiftly were the fugitives passed along the route that it was 
declared there must be an underground railway to facilitate 
their flight. This phrase, while it proclaimed what everybody 
knew to be impossible, caught the popular fancy and was 
applied as long as the operations continued. The Fugitive 
Slave Laws [q. v.] were passed to prevent these unlawful 
practices, but they failed largely to be respected. 

Under=Measurement. One of the devices by which a 
Government is defrauded of a part of its duties on imports is by 
under-measurement. The invoices accompanying the goods 
indicate measures of capacity which are under the real ones, 
and the importer is thus able to escape payment of full duties. 
However, there is always danger of detection by officials, with 
resulting confiscation. 

Under=Valuation. This is one of the means employed to 
defraud a Government of part of its customs duties. Invoices 
accompanying imports are made out for less than the actual value 
of the merchandise, and the importer is thus able to evade a 
certain part of the duty. 

United Labor Party, a poHtical party which combined 
several labor organizations which had singly entered the politi- 
cal arena. In the Presidential campaign of 1888 this party 
polled only 2808 votes; it allied itself later with the National 
Union Labor party and in succeeding National campaigns the 
combination attracted 21,164 votes in 1892, 36,274 in 1896, and 
39,537 in 1900. ■ Since then the votes of the party have been 
divided among the larger National political organizations; it 
was never a faction to be seriously considered. See Political 
Parties in the United States. 

United States Bank. The first United States Bank was 
established by Act of Congress in July, 1791. It was organized 



United States Circuit Court 664 United States Circuit Court 

at Philadelphia, with a capital of $10,000,000, divided into 
25,000 shares. The act prescribed that any person, copartner- 
ship, or body politic might subscribe for any number of shares 
not exceeding 1,000 — only the United States could subscribe 
for more than this number of shares; that with the exception 
of the United States the subscriptions should be payable one 
fourth in gold and silver, and the remaining three fourths in 
six per cent bonds of the United States. The general effect 
of this institution was salutary. The credit of the United 
States became firmly established. The bank notes stood at 
par with gold and silver. The large deposits made the money 
available for the use of the Treasury, and the State bank cur- 
rency, which had flooded the country with no prospects of 
redemption, was greatly reduced. But with all its recognized 
advantages, the act to recharter was defeated in 1811 by the 
casting vote of the Vice-President, George Clinton. Its loss, 
however, was immediately felt in the sudden and rapid increase 
of the currency of the State banks. To ward off an impending 
crisis, a second bank was established by an act approved by 
President Madison, April 10, 1816, at Philadelphia. A capital 
of $35,000,000 was required, which was to be equally divided 
into 350,000 shares, of which the United States took one-fifth. 
The charter extended to March 3, 1836. The bank was pro- 
hibited from lending, on account of the United States, more 
than $500,000. In time, to facilitate business, branch offices 
were established in every State. In December, 1829, the bank 
met strenuous opposition in the message of President Jackson, 
who argued, as did Jefferson when the first bank was started, 
against the constitutionality of its charter; and when Congress, 
in 1832, passed a bill to recharter the institution he interposed 
his veto, and soon after removed from the bank the United 
States deposits. The bank corporation, however, continued 
to exist until the charter terminated. Since that date the 
Government has not participated in the business of banking; 
public funds have been safeguarded in the Treasury. 

United States Circuit Court. See Circuit Court, United 
States. 



United States Circuit Court — 



665 



Utah 



United States Circuit Court of Appeals. See Circuit 
Court of Appeals. 

United States Debt. See Debt of the United States. 

United States Flag. See Flag of the United States. 

United States Marshal. See Marshal, United States. 

United States Naval Academy. See Naval Academy. 

Unit Rule. The practice in National conventions of re- 
quiring the recorded vote of each State on any question to be 
unanimous is the application of what is known as the unit 
rule. There may be a difference of opinion among the delegates 
from a State, but the majority rules and the State vote is 
announced in accordance with the views of the majority, the 
minority being forced to concur. The rule is not popular, and 
is now seldom applied, the votes of individual delegates being 
usually recorded. Democratic National conventions yet apply 
the unit rule. 

Unlimited Monarchy. See Monarchy. 

Unreconstructed was a term applied for years after the 
Civil War to those Southerners who refused to be reconciled 
to the new political order resulting from that struggle. The 
process of receiving the seceded States back into the Federal 
Union was called Reconstruction. 

Utah. As early as 1540 this section was visited by the 
Spaniards. Great Salt Lake was discovered in 1824 by ex- 
plorers from the eastern part of our country, and the first 
settlement was made in 1847 at Salt 
Lake City by the Mormons, who had 
been driven from Illinois. In March, 
1849, a petition was presented to Con- 
gress for statehood under the name of 
Deseret, but it was rejected. In 
September of the next year the Terri- 
tory of Utah was organized, and 
Brigham Young was appointed 
Governor. In March, 1895, a Consti- 
tutional Convention met and Utah obtained statehood on 
January 14th, 1896. 




STATE SEAL OF UTAH. 



Utah 666 Utah 

Government. The Legislature consists of a Senate of 18 
members, elected for four years, and a House of Representatives 
of 46 members, elected for two years. Sessions are held bi- 
ennially, are limited to sixty days, and members receive $4.00 
per day, and mileage. The officers of the State are the Gov- 
ernor, Lieutenant-Governor, Secretary of State, Auditor, 
Treasurer, Attorney-General and Superintendent of Public 
Instruction, all elected for four years. The Judicial Depart- 
ment consists of a Supreme Court of three Judges, elected for 
six years; ten District courts with one Judge each, elected for 
four years, and Justices of the Peace. 



V 



Vacancies, How Filled. A vacancy may occur in the 
public service of the United States or of any State by reason 
of death, resignation, removal from office or disqualification. 
In connection with some of the most important officers the rules 
of succession are given below: 

President. By mandate of the Constitution the Vice- 
President, whose qualifications must be the same as are required 
of the President, succeeds to the Presidency. If he, too, 
retires for any reason before the end of the unexpired term, 
then the Cabinet members, in rotation, are promoted to the 
vacant post. See Presidential Succession. 

United States Senator. A Senator is a high State officer 
who represents his Commonwealth in Congress. He would ad- 
dress his resignation to the Governor of his State. The State 
Legislature elects his successor, and if this body is in session at 
the time of the resignation it will at once choose a successor. 
If not in session, the Governor may call it to meet in special 
session for the purpose of making a choice, or at his option he 
may name a temporary appointee to serve until the Legislature 
shall elect, at its next regular session. One of these plans is 
followed in every State whenever a Senator's seat becomes va- 
cant. 

United States Representative. The life of a Congress is 
but two years. If any Congressional District is deprived of its 
member in the latter half of the term it is unlikely that the 
vacancy would be filled. However, when it is deemed expedient 
to provide a successor, the Governor of the State shall by 
proclamation name a day on which an election shall be held 
throughout the District. Caucuses and nominating conventions 
and the usual political machinery would be put in motion as on 
all regular occasions for choosing Representatives. 

Governor. The Constitutions of all the States provide that 
the Lieutenant-Governor shall succeed to the vacant Governor- 
ship. If that person dies or is disqualified the Legislature 

667 



Venue 



668 



Vermont 



would meet in special session and appoint a day for the election 
of a man to complete the unexpired term. 

Venue is the place or neighborhood in which a suit at law 
arises or in which it is alleged a crime has been committed. 
In court practice venue usually means county; the jury to try 
the issues of a case must be selected from the county in which 
the issue arises, and in that county, except under extraordinary 
conditions, the trial must be held. 

Change of Venue. If an accused person in a trial where 
his life or liberty is in jeopardy believes because of wide publici- 
ty given the case there exists very general prejudice against him, 
he may appeal to the court to permit the trial to be conducted 
in another county. Affidavits must be presented to the trial 
Judge supporting the allegations of prejudice, and the Prosecut- 
ing Attorney must be heard in opposition to the proposal. 
Decision rests solely with the court; if the prayer is granted he 
must name the county to which the case is transferred. 

Vermont. The earliest explorations here were made by the 
French under Champlain, in 1609, although some authorities 
credit Cartier with visits to this section in 
1535. The first settlement was made in 
1664 by the French. The first English 
colony was planted in 1724, by people 
from Massachusetts. The Government of 
Vermont was a part of that of New 
Hampshire and New York until 1775, 
when a convention took steps to secure 
independence. In 1771 the name of Ver- state seal of Vermont. 
mont was officially adopted, and it became a State on the 
adoption of its Constitution, in 1791. 

Government. The second Constitution was adopted in 
1793, and this has been amended five times, the last in 1883. 
Amendment is possible no oftener than every tenth session of 
the Legislature, which meets every two years. There are 30 
Senators and 246 Representatives, elected for two years, and 
their compensation is $3.00 per day, and mileage. The 
officers of the State are the Governor, Lieutenant-Governor, 




Veto 669 Vice=Adniiral 

Secretary of State, Treasurer, and Auditor, all elected for two 
years. There is a Supreme Court of seven members, elected 
biennially by the Legislature. Every county has a County 
Court; there are Probate courts and Justices of the Peace. 

Veto is a Latin word meaning "I forbid." It is within the 
Constitutional right of an Executive — President, Governor, or 
Mayor — to refuse to approve laws or ordinances passed by the 
Legislative body. This provision is one of the means of making 
various departments of a Government mutually responsible 
for all enactments (see Checks Upon Government). While 
in the United States the word is applied as a common term to 
the power of the President to refuse assent to an act of Congress, 
it does not appear in the Constitution. 

If an act is vetoed it is not necessarily killed. Such arbi- 
trary power is not vested in one person, although the influence 
of a veto is very difficult to overcome. If the President with- 
holds his approval, the bill is returned by him to that House of 
Congress in which it originated. He sends with it a message 
detailing the reasons why it should not become a law. If his 
opinion does not find favor with the majority in Congress, each 
House may attempt to pass it again, with or without amend- 
ment. If two- thirds of each House (not two-thirds of those 
present, but that portion of the entire membership) vote affirm- 
atively, then the bill becomes a law without Executive approval. 
If on its second passage it has not been amended, it does not 
go again to the President for approval, for obvious reasons; 
if, however, amendments have been added, then it is in effect 
a new bill and must be treated as such. The same privilege 
of passing a bill over a veto is permitted Legislatures of all the 
States and the Boards of Aldermen of cities; in many instances 
only a majority [q. v.] is needed in support of the measure on 
the second occasion. See Act; Bill; Pocket Veto. 

Vice=Admiral. This office is second in rank in the navy 
of the United States, ranking that of Rear-Admiral, and being 
inferior only to that of Admiral. The grade is seldom in com- 
mission, but is authorized on special occasions to honor naval 
officers who have achieved unusual distinction. When a Vice- 



Vice-President 670 Vice-President 

Admiral dies, the grade usually lapses, and is not revived until 
another fitting occasion. The last Vice-Admiral of the navy was 
Stephen C. Rowen, who died in 1900. The Vice-Admiral of 
the navy ranks with the Lieutenant-General of the army. 
The salary of the office is $9,000 per year. 

Vice=President. In the Constitutional Convention for the 
first three months of its sessions, the office of Vice-President 
had not been seriously considered. It had been proposed and 
generally agreed to that the Senate should choose its own 
presiding officer, which same privilege was also extended to the 
House of Representatives. This disposition of the Presidency 
of the Senate was made with the understanding that the Presi- 
dent of the United States should be chosen by the Senate, but 
when it was finally determined that the President should be 
elected by the people, through electors of the President, then 
the other plan was changed, and it was determined to choose 
the Vice-President in the same manner. 

Under the rule that has been effective since the organiza- 
tion of the Government, the Vice-President nominally has but 
little to do. He is officially the second person in authority in 
the Government, but actually he is at least third. There is no 
doubt that the Speaker of the House of Representatives is in 
point of power the second official in the United States. The 
Vice-President is the presiding officer of the Senate. Acting 
in this capacity, he guides the work of that body by applying 
the Senate-made parliamentary rules to its deliberations. Not 
being a member of the Senate, he is not entitled to vote, except 
in case of a tie. For the same reason he cannot participate in 
the selection of committees of the Senate, that task being 
retained in the hands of the Senators themselves. 

The selection of Vice-President of the United States is 
really a very important matter, because through the death, 
resignation or permanent inability of the President to perform 
his duties, the Vice-President becomes Chief Executive. This 
has occurred five times in the history of the country, each time . 
the succession being occasioned by the death of the President. 
As presiding officer of the Senate, the Vice-President is empow- 



Vice=President 671 Vice-=President 

ered by the Constitution to preside at trials brought under 
articles of impeachment. There is one exception to this rule; 
when the President of the United States is tried on impeach- 
ment charges, it might be very embarrassing for the Vice- 
President to sit as judge; his personal and political interests in 
the matter would be naturally so great that partisans of the 
President might find ground for charges of unfairness in his 
conduct of the impeachment trial. Therefore, under such 
conditions the Chief Justice of the United States takes the place 
of the Vice-President and sits as judge. 

In case of the death, removal or disqualification of the 
Vice-President, no successor, as such, is chosen, but one of the 
Senators previously chosen as President pro tempore would 
become permanent presiding officer, without, however, the 
right of succession to the Presidency. The term of the office 
is the same as that of the President of the United States; he is 
inaugurated on the same day, the ceremony taking place in the 
Senate Chamber immediately after the inauguration of the 
President. 

The salary of the Vice-President was at first $5,000; in 
1853 it was raised to S8,000; in 1873, to $10,000; in 1874, 
reduced to $8,000; and in 1906 raised to $12,000. The names 
of those who have occupied the office of Vice-President follow: 

John Adams, 1789 to 1797. 

Thomas Jefferson, 1797 to 1801. 

Aaron Burr, 1801 to 1805. 

George CHnton, 1805 to 1812. Died April 20, 1812. 

Elbridge Gerry, 1813 to 1814. Died November 23, 1814. 

Daniel D. Tompkins, 1817 to 1825. 

John C. Calhoun, 1825 to 1832. Resigned December 28, 1832. 

Martin Van Buren,1833 to 1837. 

Richard M. Johnson, 1837 to 1841. 

John Tyler, 1841 to 1841. Became President, April 6, 1841. 

George M. Dallas, 1845 to 1849. 

Millard Filmore, 1849 to 1850. Became President July 9, 1850. 

William R. King, 1853 to 1853. Died April 18, 1853. 

John C. Breckenridge, 1857 to 1861. 

Hannibal Hamlin, 1861 to 1865. 

Andrew Johnson, 1865 to 1865. Became President, April 15, 1865. 



Vigilance Committee 672 Vigilance Committee 

Schuyler Colfax, 1869 to 1873. 

Henry Wilson, 1873 to 1875. Died November 23, 1875. '' 

William A. Wheeler, 1877 to 1881. 

Chester A. Arthur, 1881 to 1881. Became President, September 20, 

1881. 
Thomas A. Hendricks, 1885 to 1885. Died November 25, 1885. 
Levi P. Morton, 1889 to 1893. 
Adlai E. Stevenson, 1893 to 1897. 

Garret A. Hobart, 1897 to 1899. Died November 21, 1899. 
Theodore Roosevelt, 1901 to 1901. Became President, September 14, 

1901. 
Chas. N. Fairbanks, 1905 to 1909. 
to 

See President of the Senate; President Pro Tempore; 
Presidential Succession. 

Vigilance Committee. In the early days of the settlement 
and development of the Western United States the machinery 
of the courts could not keep pace with the demands upon it. 
There was very frequently need of the strong arm of the law 
in communities where the Judicial system was yet to be organ- 
ized, or where the administration of law was not feared by the 
desperado. As a means of protection against lawlessness, 
associations of private persons were numerously organized 
throughout the new Western country for the purpose of dealing 
summarily with crime and disorder. These associations by 
the force of public opinion were judges of the law and the facts 
and were court, prosecutors and jury in every case demanding 
their attention. As nearly as possible they followed legal 
forms of trial and court procedure; punishment followed 
swiftly upon evidence of guilt. The death penalty was applied 
to all serious offenders, from horse-stealing to the graver crimes. 
The Vigilantes served their country well in a time when consti- 
tuted authority could not be invoked; they ceased operations 
always as soon as the courts and law officers were able to afford 
adequate protection. In California the vigilance committees 
were most active, in the years following the discovery of gold; 
similar organizations later performed effective service in 
Colorado, Utah, Montana, New Mexico, Arizona, Idaho and 
Nevada. See Judge Lynch. 



Village 



673 



Virginia 




Village. A part of a township so thickly settled that the 
limited legislation necessary for the conduct of the township's 
affairs is not adequate to meet its needs, secures from the State 
authority to incorporate as a separate political division. There- 
after it conducts its purely local affairs independently of the 
township surrounding it, although yet a part of it in certain 
matters of government and taxation. Such an incorporation is 
called a village in some parts of the country, a town in other 
parts. See Town; City. 

Virginia. On April 10, 1606, Charles I of England issued 
the "First Charter of Virginia" to the 
Virginia Company. At that time Vir- 
ginia included all the lands between 34° 
and 45° north latitude. The new colony 
thus founded was a Crown colony, and 
under this charter Jamestown was settled 
the year following; it was the first English 
settlement in the New World. In 1609 a 
second charter was granted, under which 
the colony was practically independent and governed by local 
officials. Twenty-five years later the colony was organized 
into counties and parishes, each of which sent a representative 
to the House of Burgesses. The State ratified the Federal 
Constitution on June 25, 1788. 

Government. The first Constitution was adopted in 1776, 
and with little change it survived until 1902, when the Consti- 
tution now in force was adopted. The Legislative body is 
called the General Assembly, and it consists of a Senate of not 
fewer than 33 members and not more than 40 members, and a 
House of Delegates of not more than 100 members nor fewer 
than 90 members. The Senators are chosen for four years, and 
the members of the House for two years. The officers of the 
State are the Governor, Lieutenant-Governor, Secretary of 
Commonwealth and State Treasurer, all elected for four years. 
The Auditor receives his position by appointment of the two 
Houses sitting together, and his term is four years. At the 
head of the Judicial Department is the Supreme Court of 



STATE SEAL OF VIRGINIA. 



Virginia Resolutions 674 Voting Machine 

Appeals; below which are Circuit courts, Co-operative courts 
and City courts. 

Virginia Resolutions. See Kentucky Resolutions. 

Viva Voce. This is the name applied to the method of 
voting by word of mouth, the presiding ojfficer calling upon all 
those who favor a measure to say "aye", the response being in 
unison; immediately all who oppose the proposition are invited 
to say "no". This method of registering a vote is permitted 
only on such questions as do not affect legislation involving 
expenditures; also on the passage of bills the roll is called and 
each member's vote is placed on record. See Yea and Nay. 

Vote. A vote is a formal expression of will or opinion in 
regard to some question submitted to electors for decision, such 
as the choice of public officers, sanctioning laws and passing 
resolutions. The choice of public officers is always made by 
ballot, and in almost every State of the Union the Australian 
ballot system is in force. The safeguards surrounding the act 
of voting vary in the different States, as do also the conditions 
which make one eligible to cast a ballot. See Australian 
Ballot; Naturalization. 

Vote for Presidents. See Popular Vote for Presidents. 

Voter. A voter is a person, either male or female, who is 
qualified under the laws of the State of residence to cast a 
ballot for officers at any election. Each State decides for itself 
what qualifications it shall demand for electors, entirely 
without Federal interference. See Qualifications of Voters. 

Voters, Qualifications of. See Qualifications of 
Voters. 

Voting in the Air. If a person marks his ballot at an elec- 
tion for a candidate who admittedly has no chance of being 
elected, he is said to be throwing away his vote, or to be "voting 
in the air." The phrase is significant of an action which, while 
harmless in itself, benefits nobody; but critics of such electors 
fail to note the possible moral issues involved. 

Voting Machine, a mechanical device for registering the 
will of a voter and automatically totaling the votes as they are 
cast. The laws of a number of States have authorized the use 



Voting Machine 675 Vot ng Macliine 

of these machines at elections, and they are fast coming into 
favor. In an election where a voting machine is used, it is 
quite impossible for any person to commit fraud, inasmuch 
as an attempt to vote fraudulently will cause the machine 
automatically to lock itself and the vote will fail to be registered. 
As soon as the machine is opened after the polls are closed, the 
result of the vote appears before the eye, and thus many hours 
of wearisome counting of ballots is avoided. 



w 



Wampum. Porcelaine currency, zewant, or wampum, was 
a variety of money current among the Indians at the time of the 
discovery of America, especially among the. Algonquins; later 
it was adopted, because of its convenience, by English, French 
and Dutch colonists. The word was a contraction of wampum- 
peague, from an Algonquin term meaning white, and the Iro- 
quoian peague, meaning purple. Wampum was made from 
the eye of the hard-shell clam and from the stem of the shell 
of the periwinkle, a sea-snail. It was worked into the shape 
of a coin or a bead, through the center of which a hole was drilled 
to permit stringing on threads made of various materials. 
Official records in all the early colonies legalized wampum as 
money. In 1662 New Netherlands voted that certain payments 
might be made in wampum and beaver skins; Massachusetts 
decreed that wampum should be legal tender ''six for a penny" 
for all sums under twelve pence. In 1640 Connecticut and New 
Haven voted "a fair fathom of purple wampum to be worth 
ten shillings, and one fathom of white wampum, five shillings." 
In New Amsterdam, in 1640, the records show that "four beads 
of good, black, well strung wampum, or eight of white" would 
be accepted at the value of one stuyver, a Dutch coin current 
at about one cent of our present coinage. The purple and white 
wampum of those days formed a double standard of currency, 
comparable to the gold and silver standard of later days. 
The Dutch designated wampum as zewant; the French, as 
porcelaine. See Money. 

Ward. A territorial division of a city, set apart from 
other portions of the municipality for purposes of better local 
government, is called a ward. From each ward of a city two 
aldermen are elected, each for a two-year term, to represent that 
political division in the city council, or board of aldermen. 
For convenience in voting, each ward is divided into precincts, 
all the electors in one precinct casting their votes in the same 
place. The boundaries of the wards and precincts are usually 

676 



War Democrats 677 War Power of the President 

fixed by the board of aldermen, although sometimes by the 
State Legislature. 

War Democrats. Those members of the Democratic party 
who gave their support to the Lincoln administration and 
Republican policies during the Civil War, against the opposition 
of a large portion of their party in the United States, were called 
War Democrats. 

War Department. That branch of the Government which 
exercises control over all affairs of the army, except in the matter 
of legislation in its behalf, is the War Department. It is an 
Executive division, whose head, the Secretary of War, is a mem- 
ber of the Cabinet of the President. The Department was 
provided for when the Government under the Constitution was 
established. Until 1798 the War Department had control, 
also, over naval affairs, as our navy was so small that a separate 
Executive division was not deemed necessary for it. 

The President of the United States is commander-in-chief 
of the army, but all routine affairs pass through the hands of 
the Secretary of War, who is personally responsible in all things 
to his chief. Under the Secretary are various military officers, 
on the Staff of the army, detached from active service to aid in 
the conduct of the Department. There are the following 
bureaus, the titles of which quite fully explain the details 
falling to the direction of each: Offices of the Military Secre- 
tary, Inspector-General, Judge-Advocate-General, Quarter- 
master-General, Commissary-General, Surgeon-General, Pay- 
master-General, Chief of Engineers, Chief of Ordnance, Signal 
Office. See Army of the United States; Comparative 
Rank in Army and Navy; Military Academy; Secretary 
OF War. 

War Power of the President. The power and authority of 
the President to act on his own initiative in war crises varies 
according to the urgency of the case. He is commander-in- 
chief of the army and navy and this fact implies great responsi- 
bility. Congress, only, can declare war; but the President 
must prpsecute it, and in the line of his duty he may find the 
emergency so great that his acts may be despotic, yet above 



Washington 



678 



Washington 




STATE SEAL OF WASHINGTON. 



honest criticism. Sometimes Congress legislates vast responsi- 
bilities upon a war President, as when, in 1898, President 
McKinley was given an appropriation of $50,000,000 to spend 
without direction in preparing for the struggle with Spain. 

Washington. The present State was visited as early as 
1592 by explorers in the service of Mexico. In 1775 the mouth 
of the Columbia was discovered by the Spaniards. Fifteen 
years later explorers from New Eng- 
land sailed up the river and named it. 
The first definite knowledge of this 
region was gained by Lewis and Clark, 
in their expedition in 1805 and 1806. 
Development of the territory was slow, 
owing to its inaccessible location. It is 
not definitely known from what 
source the United States secured title 
to the land in Washington. Credit 

"has been given to the Louisiana Purchase, to the Mexican 
cessions, and to the claims growing out of explorations. The 
northern boundary was determined by the Webster-Ashburton 
treaty, in 1846. From 1848 to 1850 Washington was a part of 
Oregon Territory. In the latter year it was given separate 
Territorial government; it then included a portion of Idaho 
and part of Montana. When Idaho was organized in 1863, 
Washington was reduced to its present limits. In November, 
1889, it entered the Union as the forty-second State. 

Government. The Constitution under which admission 
was secured has been amended four times. Amendment is 
possible by vote of two-thirds of each House of the Legislature 
and subsequent approval by majority vote at a State election. 
The Legislature consists of a House of Representatives of not 
more than 99 members and not fewer than 63 members, and a 
Senate of not more than one-half nor less than one-third of the 
number in the House of Representatives. Senators are chosen 
for four years, and Representatives for two years. The Execu- 
tive officers of the State are the Governor, Lieutenant-Governor, 
Secretary of State, Treasurer, Auditor, Attorney-General, 



Waterloo 679 Ways and Means 

Superintendent of Public Instruction and Commissioner of 
Public lands, all elected for four years. The Judicial power is 
vested in a Supreme Court, Superior Courts and Justices of the 
Peace. In the Supreme Court there are seven Justices chosen 
by popular election, whose term is six years. Sessions of Su- 
perior Courts are held in each county, and are presided over by 
Judges elected by voters of the county for four years. 

Waterloo. Since the crushing defeat of Napoleon Bona- 
parte on the field of Waterloo in 1815, which put an end to his 
political ambition and sent him into retirement a prisoner, the 
name of the battle has been a synonym for political defeat at 
the polls so decisive and complete as to destroy any further 
ambition the loser may have cherished. Voters do not usually 
rally around the standards of a discredited man; political 
"machines" give their support only to possible winners. When 
a person meets his "Waterloo" at the polls, his political 
career ends; the power and prestige he enjoyed pass into the 
hands of stronger men. 

Ways and Means, Committee of. This is the largest and 
most important committee of the United States House of 
Representatives; it consists of seventeen members appointed 
by the Speaker, and derives its name from the fact that upon 
it is imposed the task of proposing ways and means of raising 
and collecting revenue for the maintenance of the Government. 
It has complete charge, so far as the House is concerned, of all 
Government revenues, including internal revenues; and, as the 
Constitution declares that "all bills for raising revenue shall 
originate in the House of Representatives," it is obvious that 
the members of this committee hold, in large measure, the 
commercial interests of the nation in their keeping. For many 
years the same committee disbursed the revenues of the Govern- 
ment, but since 1865 the double task has been too burdensome 
for one body of men, and the Appropriations Committee was 
formed in the House to deal with expenditures. The corre- 
sponding Senate committees are the Finance and Appropriations 
Committees, but the Senate Finance Committee cannot con- 
sider a revenue bill until after the House has passed upon it. 



Weather Bureau 680 Weather Bureau 

After the Committee of Ways and Means reports a revenue 
bill, or tariff bill, and it passes the House, the Senate is privi- 
leged to amend it in any desired particulars, and it usually 
exercises this prerogative to the fullest extent, making it neces- 
sary for the House again to consider the measure. 

Weather Bureau. At a cost of over one million dollars 
annually, the Government maintains, under the direction of the 
Department of Agriculture, an organization called the Weather 
Bureau, for the purpose of making forecasts of atmospheric 
conditions and publishing them quickly in &l\ accessible parts 
of the country. Up to 1891 the work was done under the 
direction of the Signal Service [q. v.] of the army. Weather 
forecasts, or prophecies, are usually made from twenty-four to 
forty-eight hours in advance, but important changes have been 
foretold correctly even three or four days ahead. 

To carry on this work there is one central oJSice in Wash- 
ington and about two hundred observation stations located 
throughout the United States, the West Indies, Alaska and 
Hawaii. A permanent force of over 600 men is required. At 
the same moment in all the stations, observations are made as 
to the barometric pressure, current temperature (high and low 
for twenty-four hours is also recorded), direction and velocity 
of the wind, amount of rain or snow since last observation, the 
humidity of the atmosphere and the character of visible clouds. 
These facts are telegraphed to the central office in special code. 
Each station receives a general report from the central station, 
which summarizes the conditions for the whole country, and 
this is speedily posted in public places and mailed to all post- 
offices within the district. Generally within four hours the 
reports are thoroughly distributed. To spread the information 
still more widely, special flags which announce the prospective 
changes are raised in many villages. 

The cost of maintenance of the Weather Bureau is slight, 
compared to the service it renders. Its timely warnings of 
approaching storms have kept thousands of vessels safely 
in port; cold wave and frost warnings are the means of 
saving valuable crops; flood predictions are given with re- 



West Point 



681 



Whig 




STATE SEAL OF WEST 
VIRGINIA. 



markable accuracy, including duration and rate of advance, 
thus making it possible to remove valuable property in advance 
of the sweep of water. 

West Point. See Military Academy. 

West Virginia. What is now West Virginia was a part of 
the State of Virginia until 1862, when division occurred on the 
question of slavery and attitude toward the newly-organized 
Southern Confederacy. When Vir- 
ginia seceded from the Union, the 
western portion, largely in sympathy 
with the North, ratified the Ordi- 
nance providing for formation of a 
new State to be called West Virginia. 
Admission to the Union was secured 
in 1863, as the thirty-fifth State. 

Government. The present Con- 
stitution was adopted in 1872, suc- 
ceeding the one under which admission was secured. It 
has been three times amended. Amendment is possible by 
vote of two-thirds of the members of both Houses of the Legis- 
lature and subsequent ratification by the people. The Legisla- 
ture consists of a Senate of 30 members, elected for four years, 
and a House of Delegates of 86 members, elected biennially. 
Sessions are held every two years, are not limited in duration, 
and members receive $4.00 per day for actual attendance, and 
mileage. The officers of the State are the Governor, Secretary 
of State, Superintendent of Free Schools, Auditor, Treasurer, 
and Attorney-General, each elected for four years. The highest 
Judicial power in the State is the Supreme Court of Appeals, 
having five members, each elected for twelve years; in Circuit 
Courts, each having Judges elected for term of eight years; in 
County courts, each having a President and two Commissioners, 
whose term is six years; there are also Justices of the Peace. 

Whig, a member of a political party in England bearing the 
same name, whose chief principle was opposition to the exten- 
sion of the royal prerogative. The Whigs were numerically 
strongest just preceding the Revolutionary War, and their 



White House 682 White House 

sentiments found high favor in the American colonies among 
the people who resented Great Britain's oppression. To dis- 
tinguish these Americans from the English party, the former 
were called American Whigs. The term was first used in New 
York in 1768. After fighting successfully the Revolutionary 
War, there was in America for a brief period but one political 
party, unanimous in spirit, the Whigs. They unanimously 
elected Washington as the first President. See Tory. 

The name was also applied to a political party of importance 
in the United States from about 1840 to 1856. Its origin was 
in the organized opposition to President Jackson. Its first 
form was the National Republican party, composed of those 
who opposed Jackson's economic policies, to whom were joined 
those people who upheld Nullification. The name Whig was 
suggested for the party, as it stood for opposition to Executive 
usurpation. Harrison and Tyler were the first Presidential 
nominees of the party, and were successful at the polls; there 
was a small majority in Congress, also. In four years Clay was 
the Whig Presidential nominee, but he was defeated. The 
slavery question soon was the chief political issue. The 
Northern Whigs endeavored to keep it out of politics, for it meant 
the disruption of the party, by the withdrawal of the Southern 
members; therefore, in 1848, when Taylor was the Presidential 
nominee, no platform was adopted. Within two years the 
Southern Whigs deserted to the Democrats, and the remaining 
adherents in the North could not long hold the organization 
together. Many of its members joined the American party 
[q. v.] but the greater number assisted in the organization of 
the new Republican [q. v.] party. See Political Parties in 
THE United States. 

White House. The Executive Mansion [q. v.] in Washing- 
ton for many years has been called the White House, because 
of its color, its freestone wa^' having been kept white through- 
out its whole history. Durmg the administration of President 
Theodore Roosevelt that official substituted the name White 
House in place of Executive Mansion, making the fornier term 
the official name of his residence. 



Whitewash 683 Will 

Whitewash. A farcical investigation of official wrong 
doing, ending in a report of exoneration, is called a whitewash. 
If a public officer would escape the consequences of unlawful 
acts or inattention to duty, he usually endeavors to have a 
Legislative committee appointed to enquire into the charges, 
provided his friends are powerful enough to name the commit- 
tee and dictate its findings. While the report of friendly 
investigators may officially clear his name, yet the public is 
usually discriminating enough to determine the actual value of 
such a report. 

Wildcat Banks. What were known from 1840 to 1860 as 
wildcat banks were the old State Banks, organized under loose 
State laws and managed by private individuals. There was 
little official scrutiny into their business methods. Each bank 
was permitted to issue currency to the amount of its capital, and 
very frequently it was discovered that "capital" was largely 
mythical — sometimes consisting of promissory notes. Security 
always was required by law to protect the circulation of the 
currency,but this was in bonds of cities, towns, and even private 
corporations; sometimes mortgages on real estate were offered. 
The wholesale issue of money on such security soon drove good 
money out of circulation. The notes began to fluctuate in 
value; regularly it was necessary to print lists of values of all 
State Bank notes, and these quotations could not be vouched 
for from day to day. The term "wildcat" well described the 
unreliable and reckless financiering of the day. The Civil War 
was the cause of the failure of many of these institutions, and 
the National Bank act drove the remainder out of existence. 
See National Bank; Gresham's Law. 

Will. Any person of sound mind and legal age may arrange 
for the final disposition of his property after death by making a 
will, although in some States married women are not permitted 
to make wills without the consent of their husbands, and in 
other States the will of an unmarried woman is revoked by her 
subsequent marriage unless she takes such legal steps before the 
marriage as will enable her to retain the right to dispose of her 
property after that event. 



Wire Pulling 684 Wisconsin 

The form or wording of a will is immaterial so long as the 
intent of the testator is clearly expressed. To assure its pro- 
bate, however, a will should be in writing, and should be signed 
by the testator or by some other person in his presence and by 
his direction, and should be witnessed by the number of persons 
required by law, all of whom must sign their names in the 
presence of the testator, and at his request, and the testator 
must at the time tell them that it is his last will. 

As a will is not in force until after the death of a testator 
he may cancel or change it any time, or he may change or modify 
his former bequests in a codicil which should be executed with 
as great care as the will itself. Naturally the last will annuls 
all former documents unless it be an addition to them, but it is 
advisable for the testator to clearly state his purpose to revoke 
all former wills by him made, if such is his intention. 

In nearly all the States the law requires that wills shall be 
witnessed by two persons. The variations from this rule, how- 
ever, are as follows: Connecticut requires 3; District of 
Columbia, 3 or 4, and Maine, Massachusetts, New Hampshire, 
South Carolina and Vermont, 3 each. In California a will 
entirely written, dated and signed by the hand of the testator 
is subject to no other form and need not be witnessed. 

Wire Pulling is a term applied to the activity of a politician 
or a group of politicians who endeavor by special means to 
accomplish a political end, such as the passage of a law favored 
by them, or the election of a favored person to office. 

Wisconsin. The first explorations in this State were for 
the most part by the French, and earliest settlements were also 
made by that nation. It is natural, therefore, that the senti- 
ment and allegiance of the people should be given to France. 
In the Revolution the settlements joined England's forces, and 
in the War of 1812 still were English in sentiment and opposed 
Union. After our Government took formal possession of this 
territory, about 1816, development was very slow. It was a 
part of the Northwest Territory under the Ordinance of 1787, 
and in 1800, when Ohio was separated, Wisconsin was included 
in Indiana Territory. Five years later it was made part of 



Woman's Suffrage 



685 



Woman's Suffrage 




STATE SEAL OP WISCONSIN. 



Michigan Territory; in 1809 it belonged to Illinois and from 
1818 to 1836 it was again a part of Michigan. In the latter 
year it was given a separate Territorial organization and in 1848 
was admitted to the Union as the thirtieth State. 

Government. The Constitution of 1848 is still in force, but 
has been amended several times, between 1869 and 1904. 
Amendment is possible only by passage in two successive 
Legislatures by majority vote, and later ratification by majority 
vote of the electors of the State. The Legislature is composed 
of a Senate of 33 members, elected for 
terms of four years, about one-half re- 
tiring everytwo years, and an Assembly 
of 100 members, elected for two years. 
Sessions are held biennially, are not 
limited in length, and members re- 
ceive $500 for each regular session, 
and mileage. For special sessions only 
traveling expenses are allowed. The 
State officers are the Governor, 

Lieutenant-Governor, Treasurer, Attorney-General, State 
Superintendent of Schools and Insurance Commissioner. These 
are elected for terms of two years and a Dairy and Food Com- 
missioner, appointed by the Governor and Senate, for a term 
of two years; a Railroad Commission of three members, each 
for a term of four years; a Tax Commission of three members, 
for terms of eight years, and a Civil Service Commission for a 
term of six years. At the head of the Department of Justice is 
the Supreme Court, consisting of seven members, elected for ten 
years; below this are the Judicial Circuits, each have a Circuit 
Court with Judges elected for six years. In every county 
there is also a County court, with a Judgewhose term is four 
years. Justices of the Peace are chosen in cities and villages, 
for two-year terms. 

Woman's Suffrage. The right to vote was formerly vested 
only in male members of society, subject to restrictions as to 
age, education and residence, but for a number of years women 
have been given the privileges of the ballot in a number of 



Writ 686 Writ 

States, on equal terms with men. Their claims to recognition 
have been pressed with vigor since the Civil War. It is asserted 
in their behalf that one of the principles of the American Revo- 
lutionists was "Taxation without representation is tyranny;" 
also, they may own property, but without the right to vote 
have no means of protecting their interests; men chosen by 
men to Legislative office too frequently represent only the 
classes which participate in their election. Further, it is 
claimed that women today read widely and are as well informed 
on public matters as the majority of men; that their votes 
would not be purchasable to the extent that men's votes are 
bought; that whatever legislation affects men also affects 
women; that women would be quicker than men to vote against 
corrupting measures and thus would exercise wide influence in 
the direction of better government. 

The Federal Constitution does not decree the sex of voters; 
it does not declare the word citizen to mean males; it does not 
define the word elector. It even asserts that any person who 
may legally vote in any State for State Representative is quali- 
fied to vote for Representatives in Congress. To the various 
States, then, is left the decision as to who shall be allowed to 
vote, and naturally the laws show great differences on this 
point. The arguments in favor of female suffrage have won 
for women full political rights in Colorado, Idaho, Utah and 
Wyoming; in these States they may vote at all elections and 
are eligible on the same basis as men to hold State offices. In 
a more or less limited form, relating to taxation and school 
matters, woman suffrage exists in Arizona, California, Delaware, 
Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, 
Michigan, Minnesota, Montana, Nebraska, New Hampshire, 
New Jersey, North Dakota, Oklahoma, Oregon, South Dakota, 
Texas, Vermont, Washington and Wisconsin. See Qualifica- 
tions OF Voters. 

Writ, a judicial mandate, in legal form, by which a court 
proceeding is begun, or by which a court decision is enforced. 
A writ is issued either in the name of the court or of the State, 
and is signed either by the presiding Judge or by his clerk, and 



Writ of Attachment 687 Wyoming 

it is attested by the seal of the court. Probably the most 
important of all writs is that of habeas corpus [q. v.]. 

Writ of Attachment, a document in writing, issued by a 
court, addressed to a Sheriff or other constabulary officer, 
empowering him legally to seize a person or property for reasons 
named within said writ. When this writ is issued against a 
person, it differs from arrest in that he who arrests a man 
carries him before an officer of higher power, who disposes of 
his case or advances it to a later hearing; while he who attaches 
is expected to present the party attached in court on the day 
named in the writ. Attachment, then, is merely a process by 
which a defendant is brought before a court. It must not be 
confused with subpoena [q. v.]; a person served with the latter 
instrument is called into court simply as a witness to give 
testimony for the enlightenment of Judge and jury. If he 
refuses to obey the summons to appear, then the court may 
issue a writ of attachment to compel his presence. 

Writ of Election. A writ of election is an official message 
in writing, issued by the Governor of a State and addressed to 
the people of an election district who are deprived of political 
representation in a Legislative body or of a member of the 
judiciary, because of a vacancy caused by death, resignation, 
removal or disability. This message cites the fact of the 
vacancy and names a day on which a new election shall be held. 
The Constitution of the United States in Article I, Section 2, 
Clause 4, provides for filling vacancies in the House of Repre- 
sentatives, as follows: 

When vacancies happen in the representation from any State the 
Executive authority thereof shall issue writs of election to fill such 
vacancies. 

The rule thus laid down in the case of Representatives is 
very generally followed in filling vacancies in all elective offices. 
For exceptions, see Vacancies. 

Wyoming. The earliest visitors to this region were French 
traders, as early as 1743. The first American visitor on record 
made explorations in 1806. The most notable early explorer 
was James Fremont, in 1842, eight years after the first white 



Wyoming 



688 



Wyoming 



settlement was made. Settlement was very slow previous to 
1867, but after the discovery of gold about that time immigra- 
tion largely increased. Wyoming was organized as a Territory 
in 1868, from portions of Utah, Dakota and Idaho, and admis- 
sion to the Union as the forty-fourth State was secured in 1890. 
Government. The original Constitution, under which 
admission was secured, is still in force. It may be amended 
by two-thirds' vote of all members of 
each House of the Legislature, with 
subsequent approval by majority vote 
of the people. In the Legislature there 
is a Senate of 23 members, elected for 
four years, and a House of Repre- 
sentatives of 50 members, whose term 
is two years. Sessions are biennial, are 
limited to forty days, and members 
are paid $5.00 per day and mileage. 

The officers of the State are the Governor, Secretary of State, 
Treasurer, Auditor and Superintendent of Public Instruction, 
all elected for four years; all are eligible to re-election except 
the Treasurer. In the Supreme Court there are three Justices, 
whose term is eight years. Below this are District courts and 
Justices of the Peace, 




STATE SEAL OF WYOMING. 



Y 

Yankee Doodle, an American national air, first introduced 
by British troops in Boston in 1775 in derision of Americans, 
who by the Enghsh "dandies" were styled "Yankees." 
Holt's Journal, published in Boston, gives an account of the 
treatment of the colonists in connection with this name, under 
date of March 30, 1775: 

"After the repeal of the Tar and Feather Act, the British 
soldiers in Boston were directed to take every method of en- 
trapping the unwary. Yesterday, an honest countryman was 
inquiring for a firelock, when a soldier approached him and said 
that he had one to sell. Away goes the ignoramus, and after 
honestly paying the soldier for the gun (an old one without a 
lock), was walking off, when half a dozen soldiers seized and 
hurried the poor fellow away under guard, for breech of the act 
against trading with the soldiers. After keeping him in duress 
all night, instead of taking him before a magistrate, who would 
have fined him, the officers condemned him to be tarred and 
feathered. This sentence was executed. The soldiers mounted 
him on a horse truck and surrounding the truck with a guard of 
twenty soldiers with fixed baj^onets, accompanied with all the 
drums and fifes of the regiment (Forty-seventh) and a number 
of officers, negroes and sailors, exhibited him as a spectacle 
through the principal streets of the town. They fixed a label 
on the man's back on which was written 'American liberty, or 
a specimen of Demorcacy,' and to add to the insult they played 
'Yankee Doodle.' " 

Yea and Nay Vote. A common method employed in taking 
a vote in a deliberative assembly, such as a Legislature or the 
National Congress, on unimportant questions, is sometimes 
by word of mouth, called a viva voce vote. Those of the 
members who are in favor of the proposition are told to express 
their views by saying yea (or aye); those who are opposed to 
the proposition are asked to say nay (or no). The presiding 
officer usually determines the vote by the volume of sound. In 



Yeoman 690 Yeoman 

case any member is not satisfied witii the decision of the chair- 
man, he has the parliamentary right to appeal from the decision. 
This appeal must be put to the members, and usually in the 
same manner, but on the request of one-fifth of the members 
present a roll-call may be demanded. The yea and nay vote 
registers the vote of every member participating; it is always 
employed on every vote where the expenditure of money is 
involved, and on the final passage of every bill. 

Yeoman, a petty officer in the United States navy, in charge 
of stores pertaining to a specified department on board ship, as 
paymaster's yeoman, or engineer's yeoman. See Petty 
Officer. 



^^ 



v^^ 



) o 









^ ;■*:;? .'.'fife. ^ 



2 0' 






-j5 



.,x>'' % 






•>'^'#C^* '^ 



-y- 



o 0' 

/J J? -■ ^\^ ^-"^ 



■,,^-ii^'^V o 



^^. ^-^" .\''\. .,"'-.' 






.^^^^_^^ . r_^^^ 












>i, ' -^ 






Oo. 



^^^ v^^ =^^<^-<^^ 






"'^:p .^^^ 



^^ ■'^. c^'- 



'.^^ 






^ ' « <- "<^ 



.-/^^•'."^ 



-' -p 






.'^^^■='V A- 



>.\>' '^r 









-^'^ 









;.' 






A- 

0' \ 









\ 



OO' 






sO' 



(: 






"r^^^' 






> '"'^c^ 



.9' 






V -r- 









* 'V 



>'^. 









-^^ ^/ 



■^^^N 



^ :l^ 



;^0 x^ "^ '.^ 






A'^ 



xO^.. 






"> ^^^M^^'-' "^ 



/"-^ 






^ >!;';■ ^•% 








^. Y? -<• 














V -^ 









if 'V 






''■ %-:.MM^<^ 






.^' 



> 'y>. 



.^' . 



' sc.'^"^^-^.-^^' V. 



« O. 



.0^ 



.-^^ 



^^ v^ 



'M0.^_J' 












-^ 



^ ,A 



0^^ 






^:-. ;-o^".^-' . .o;v^ - ^^^'/^" . ^^* 



^<^<^^ 

.aV .p,, 



^ ^^„r.^>.^V^^ ''^ 
















C-_. \> s 



,^^" •^> 



^ 






